Home -> Law Blog Directory -> Copyright Law Blogs -> Recording Industry vs The People

Copyright Law

: Recording Industry vs The People

Jammie Thomas verdict reduced from $1.92M to $54,000

By Ty Rogers and Ray Beckerman

In Capitol Records v. Thomas-Rasset, the Judge has reduced the verdict from $1.92 million to $54,000.

The Judge did not reach the constitutional due process issue raised by Ms. Thomas-Rasset's counsel, instead deciding the motion based upon standard principles of "remittitur". The judge described the standard for remittitur as follows:

so grossly excessive as to shock the conscience of the court. A verdict is not considered excessive unless there is plain injustice or a monstrous or shocking result

In discussing the factors upon which his decision rested, Judge Davis indicated that he had found that Ms. Thomas-Rasset lied under oath.

Judge Davis also indicated that he found even the reduced amount to be "harsh" and that, were he -- rather than a jury -- deciding the appropriate measure of damages, the award would have been even lower than $54,000. But he felt that since the jury had determined the damages, it was his province to determine only the maximum amount a jury could reasonably award.

The RIAA has 7 days to decide whether to accept the reduced verdict, or to request a new trial.

Decision granting remittitur

Commentary & discussion:

p2pnet.net

Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music player

Full post as published by Recording Industry vs The People on January 22, 2010 (boomark / email).