After having offered to settle the case with Jammie Thomas for as little as $25,000, down from the $1.92 million original verdict, and from the most recent $54,000 judgment reduction on appeal.
Last Friday the case of accused file-sharer Jammie Thomas grew more complex after Judge Davis of the United States District Court lowered the original $1.92 million verdict against Jammie Thomas, the first person convicted of illegal file-sharing in the US, from $80,000 per song to $2,250 per song, saying “statutory damages must still bear some relation to actual damages.”
If you recall, back in June 2009, the jury awarded the recording industry $1.92 million in statutory damages as a punishment for using the KaZaA file-sharing program to download 24 songs which amounted to $80,000 per song.
“The need for deterrence cannot justify a $2 million verdict for stealing and illegally distributing 24 songs for the sole purpose of obtaining free music,” reads the ruling. “Moreover, although Plaintiffs were not required to prove their actual damages, statutory damages must still bear some relation to actual damages.”
So after having saved some $1.866 million dollars you’d think the case would be closed and all parties would go their separate ways. Think again.
Not only is Thomas appealing the new $54,000 judgment, but it turns out she even rejected an offer by the RIAA to settle for even less – $25,000 – with all proceeds going to a charity benefiting musicians.
“Jammie will not accept anything offer that requires her to pay money to or on behalf of the Plaintiffs,” said her attorney joe Sibley less than an hour after having received it. “Thus, your offer of settlement is rejected.”
So much for playing nice.
Sibley counters that they plan to continue challenging the constitutionality of a statutory scheme that ordered her to initially pay more than $80,000 for each of her 24 illegally downloaded songs.
“We will ride this train to it’s appellate end no matter how many future remittiturs are rejected,” he added.
The RIAA, seemingly pleased with itself for appearing gracious while at the same time able to continue the fight, calls her rejection a “shame” will prepare for a new trial.
RIAA General Counsel Steven Marks also expressed his sentiments in a statement:
After two unprecedented trials and a wave of national attention, there should be no doubt that illegal downloading is wrong and that there should be real consequences for those who ignore the law. The message is resoundingly clear. This case helped affirm the important principles of accepting responsibility for one’s actions and compensating the people who create great music and bring it to the public. We’ve accomplished what we set out to do, and now we seek to resolve this matter fairly and expeditiously. We hope Ms. Thomas-Rasset accepts our offer.
Personally, I think I’d take the $25,000 settlement offer and run, but for some 25 thousand might as well be 25 million or billion, especially in today’s economy.
Either way, it’s nice to know Thomas isn’t giving up and fighting for what she thinks is right.
Stay tuned.
