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A Minnesota woman accused of downloading and sharing copyrighted music on the popular P2P network Kazaa has to pay around $220,000 to the record industry.
The lawsuit in which she was accused wasn’t even supposed to take place, had 30- year old mother-of-two Jammie Thomas dropped her obstinacy to claim innocence. RIAA on the other hand claimed that she had shared 1,702 songs on Kazaa, despite the fact that only 24 of those songs were incriminated and discussed during the trial.
According to official documents, in RIAA’s civil case Jammie Thomas was found guilty of infringing copyrighted song recordings by a jury in the U.S. District Court of Minnesota and she now has to pay $9,250 for each of 24 recordings, the entire punitive sum reaching $222,000.
There were at least four reasons, as Cnet.com reports, which have helped the RIAA win the case and set a precedent for future convictions. First there’s the lack of technical knowledge that helped investigators find Thomas, tracking her IP address and matching it with the Hotmail address she used to create the Kazaa account. The jury rejected the defense’s argument that Thomas might have been the victim of IP spoofing.
Second, there are the instructions the jurors had to read and follow, which gave RIAA the upper hand and determined U.S. District Judge Michael Davis to side with the music industry in detriment of the accused. Third there was the difference the judge and the jurors had to make between making songs available for free downloading and the result of that action (people coming and downloading those songs). Even if the accusation didn’t prove that other people on Kazaa had actually downloaded the songs, the judge ruled that the simple act of making songs available without the copyright holders’ agreement is illegal. And finally, the law itself, which stipulates heavy penalties for those found guilty of copyright infringement.
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