P2P Filesharing Retrial Highlights Out of Tune Damage Awards
6/15/2009
Washington – The retrial for Jammie Thomas-Rassat begins today in
Minnesota. In October 2007 she was found guilty of illegally
downloading and sharing music. Thomas-Rassat was ordered to pay
$222,000 to six record companies for making 24 songs available for file
sharing. Last September, the judge ordered a new trial because he said
his jury instructions were unclear about whether making the music
available for download was infringement.
The following
statement in response can be attributed to Computer &
Communications Industry Association President & CEO Ed Black:
“The
courts and jury have a second chance to get it right in this file
sharing case. It is a positive step that the court has rejected its
earlier rulings that misinterpreted the Copyright Act. But the bigger
issue that also warrants a second look is the ridiculously high damage
awards that are completely out of tune with the damage here.
“We
support artists getting a fair profit for their creativity, but the up
to $150,000 in damages per infringement allowed by law and this zero
tolerance enforcement isn’t worth the disharmony it strikes with fans
and with those who could help share and market their music to draw more
concert-goers. We worry about the silencing effect damage awards like
this could have on people sharing information on the Internet.”
Contact:
Heather Greenfield
202-783-0070 ext 113
Ed Black
202-783-0070 ext 110