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The U.S.
Department of Justice failed to side with Jammie Thomas from Minnesota in her
appeal that called a $222,000 award to the Recording Industry Association of
America (RIAA) unconstitutional.
Earlier this year, Thomas, the 31-year-old single mother of
two, presented herself in front of the court over a lawsuit brought from the
RIAA, which accused her of illegally sharing 24 songs over the Kazaa
file-sharing network.
The 12-person jury ordered Thomas to pay $9,250 for each of
the 24 songs central to the case, meaning a total of $222,000. The woman
appealed the verdict, saying that the record companies involved in the lawsuit
did not actually incur that much in damages.
The Department of Justice this week responded to this
appeal, siding with the RIAA. Acting Assistant Attorney General Jeffrey Bucholts
said that the damages assessed by the jury against the woman were not excessive.
"Given the findings of copyright infringement in this case, the damages
awarded under the Copyright Act's statutory damages provision did not violate
the Due Process Clause" of the Constitution, the brief noted. They were
not "as severe and oppressive as to be wholly disproportioned to the
offense...."
It is the first time when the RIAA, the industry trade group
representing the world's biggest music concerns, is actually winning a lawsuit
in its fighting against music piracy. More than 26,000 individuals, against
whom the society has filed similar cases over the past two years, were
terrified about the result of the lawsuit. The Thomas case was the first to
come to court.
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