Have you ever been compelled to make an insincere apology just because you knew it would get you out of trouble? The much-loathed Recording Industry Association of America made that sort of offer to file-sharer Jammie Thomas-Rasset, offering to reduce her $222,000 penalty if she just went on the record to say some kind words about the RIAA’s anti-piracy platform. [More]
Remember Jammie Thomas-Rasset? She was accused of sharing 24 songs on Kazaa in 2006. Two trials and four years later, the case still isn’t over. They’re now trying to avoid a third trial.
The only jury verdict against a file-sharer has been thrown out by U.S. District Judge Michael Davis of Duluth, Minnesota, who declared a mistrial because he had committed “manifest error of the law” by instructing the jury that “that the recording industry did not have to prove anybody downloaded the songs from Thomas’ open Kazaa share folder.”
A legal brief submitted by an attorney representing The Motion Picture Association of America states that intellectual-property holders should have the right to collect up to $150,000 per violation without having to actually prove copyright infringement, Wired reports. The MPAA attorney, who seems to feel very inconvenienced by the whole “due process” thing writes, “It is often very difficult, and in some cases, impossible, to provide such direct proof when confronting modern forms of copyright infringement, whether over P2P networks or otherwise; understandably, copyright infringers typically do not keep records of infringement.” Details, inside…
The RIAA defendant who lost her jury trial, Jammie Thomas, is telling her side of the story on p2pnet. Of particular interest: She claims that Best Buy made the decision to replace her hard drive, under the terms of her extended warranty, 6 months before she was served with the RIAA’s subpoena.