Jammie Thomas-Rasset seeks second retrial in RIAA case

by Stevie Smith - Jul 8 2009, 15:30

Singled out by the Recording Industry Association of America, dragged through the courts, and slapped with a staggering fine of $1.92 million USD, Minnesota mother of four Jammie Thomas-Rasset is seeking to lodge an appeal for yet another trial that carries a penalty more pursuant with her financial status.

“The plaintiffs did not even attempt to offer evidence of their actual injuries, seeking instead, an award of statutory damages entirely for purposes of punishment and deterrence,” outlined Kiwi Camara, attorney for Thomas-Rasset, in a legal document unearthed in an AP report.

According to Camara, the RIAA only wants the court’s mammoth $1.92 million USD fine upheld in order to hold the case aloft before other illegal file sharers and media downloaders, adding that it “shocks the conscience and must be set aside” in favour of a retrial.

“I have no means of paying the fine,” Thomas-Rasset told reporters following the verdict. “There’s no way they’re ever going to get that.”

“I’m a mom [of] limited means, so I’m not going to worry about it now,” she said. “The only thing I can say is good luck trying to get it, because you can’t get blood out of a turnip.”

The legal team for Thomas-Rasset is appealing the U.S. District Court of Minnesota on three points, which are: to rule against the statutory damages on an  unconstitutional provision of the Copyright Act; reduce the $1.92 million USD penalty to a more realistic $18,000 USD; or approve a third trial with a significantly reduced fine attached.

Jammie Thomas-Rasset received the $1.92 million USD fine in June of this year after a federal jury found her guilty of illegally downloading a mere 24 song tracks from the Internet (a fine equating to $80,000 USD per song).

The June verdict was itself the result of a second trial appealing against a 2007 verdict of copyright infringement and a fine of $222,000 USD.

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