Copyright Law

Defendant moves for new trial in Capitol Records v. Thomas-Rasset

By Ty Rogers and Ray Beckerman

The defendant has moved for a new trial in Capitol Records v. Thomas-Rasset.

Defendant's brief (PDF) argues, among other things, that the 'monstrous' sized verdict violates the Due Process Clause, consistent with 100 years of SCOTUS jurisprudence, since it is grossly disproportionate to any actual damages sustained. It further argues that, since the RIAA elected to offer no evidence of actual damages, either as an alternative to statutory damages, or to buttress the fairness of a statutory damages award, the verdict, if it is to be reduced, must be reduced to zero.

Defendant's motion for new trial

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Full post as published by Recording Industry vs The People on July 06, 2009 (boomark / email).