Wed Oct 10, 2007 11:32AM EDT
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Why did Jammie Thomas lose the already landmark case filed against her by the RIAA? Because her defense was nonexistent.
That's the chief insight from Michael Hegg, one of the jurors in the case, who spoke to Wired yesterday about the deliberations. In justifying the overall verdict, said Hegg, "We wanted to send a message that you don't do this, that you have been warned."
It's a little surprising to hear such sentiment from a steelworker with no experience with the internet, but it seems to have been rampant in the jury room. The jurors appear to have had broad consensus over her guilt, saying she should have settled when given the opportunity, and that her lawyer's claims that a hacker did the work were wholly unbelievable, particularly since she used her usual user name of Tereastarr on her Kazaa file sharing account. One point in her defense was that a hacker could have accessed her network wirelessly, but Thomas did not have a wireless router. In a word: D'oh!
Regarding the strange amount of damages, set at $9,250 per song, that was a compromise reached in the jury room, with two jurors holding out for the maximum allowable damage level, $150,000 per song, and one holding out for the $750 minimum. In the end, the 12 jurors found a middle ground they could all live with.
There also seems to be a little bit of Minnesota pride at work here. Said Hegg, "I think she thought a jury from Duluth would be naïve. We're not that stupid up here."
Join in the discussion. Here you'll see the comments in the order they were posted.
They're from Duluth...do they even have the internet there yet? Maybe the tubes haven't gotten that far.
One point in her defense was that a hacker could have accessed her network wirelessly, but Thomas did not have a wireless router. In a word: D'oh! I find that funny... You don't need to have a wireless router in order to be hacked into. -.-. There are just a lot of ways to hack into someone, not just through a wireless router. Do they even know how to turn on the computer?
No sympathy for thieves. Nothing to worry about if you don't do it. Stop rationalizing the fact that stealing is Ok.
Maybe it's time to launch a boycott of the record companies involved. Next time they may come after you. hlb
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1 Posted by corberlaw on Thu Sep 3, 2009 3:29PM EDT Report Abuse
I guess the jurors in this case all had single digit I.Q.s. It wasn't up to her to prove her defense, it was up to the RIAA to prove its case. If the RIAA had its way, a person who left a CD on the street would be liable for making available to a possible infringer even if the CD was worthless.