Damages
Damages ‘Offensive’ in Music Piracy Case, Motion Says
Posted Oct 16, 2007, 09:15 am CDT
By Debra Cassens Weiss
The lawyer for a woman assessed $222,000 in damages for illegally sharing downloaded music contends in a motion for a new trial that the amount is constitutionally excessive.
The judgment against Jammie Thomas for illegally sharing two dozen songs amounts to $9,250 for each recording. Her lawyer, Brian Toder of Minneapolis, suggests that the damages should be about 99 cents a song, or a total of $16.80, the Duluth News Tribune (reg. req.) reports. A jury found Thomas liable Oct. 4 in the first case go to go trial in the record industry's campaign against Internet piracy.
The record label sought statutory damages for the copyright violation, which are set at $750 to $30,000 for nonwillful infringement and up to $150,000 for willful infringement, Arstechnica.com reports. Toder says the companies should instead be required to prove actual damages.
He argues the statutory damages award is akin to punitive damages. “The ratio of actual damages to the award is not only astronomical, it is offensive to our Constitution and offensive generally," he says in the motion.
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