Music sharer seeks to overturn verdict
- Share via
MINNEAPOLIS — A woman facing a $222,000 music-sharing verdict asked a judge Monday to overturn it.
Jurors in a case that six record companies brought against Jammie Thomas found that she violated the companies’ copyrights by offering 24 songs over the Kazaa file-sharing network. They ordered Thomas, a mother of two who makes $36,000 a year, to pay the companies $222,000.
In a motion filed Monday, Thomas’ attorney, Brian Toder, did not argue that she hadn’t violated the copyrights. Instead, he said that because the songs could have been purchased online for about $24, the $222,000 verdict was disproportionate and amounted to punitive damages.
Toder asked for a new trial to determine damages or for a finding that the $222,000 verdict was unconstitutional.
Copyright law allows damages of $750 to $150,000 per song; the jury awarded the record companies $9,250 per song. Toder argued that they suffered actual damages of less than $151.20 in all.
About 26,000 similar lawsuits have been filed by music companies against individuals. They have been coordinated by the Recording Industry Assn. of America.
“We seek to resolve this case in a fair and reasonable manner,” the industry group said. “It is unfortunate that the defendant continues to avoid responsibility for her actions. We will continue to defend our rights.”
More to Read
The biggest entertainment stories
Get our big stories about Hollywood, film, television, music, arts, culture and more right in your inbox as soon as they publish.
You may occasionally receive promotional content from the Los Angeles Times.