Jammie Thomas

Convicted File-Swapper Asks Judge to Reduce $1.92M Penalty

Authored by Mark Hefflinger on September 1, 2009 - 8:00am.
Duluth, Minn. - Convicted file-swapper Jammie Thomas-Rasset has argued in a court filing that the $1.92 million in damages she was ordered to pay the record industry for sharing 24 songs violates her right to due process, and is seeking to have the penalty reduced. Her attorneys argue that the damages are arbitrary and unconstitutional, given that a jury first ordered her to pay $10,000 per song -- in a decision that was tossed out -- before a second jury said she should pay $80,000 per song.

Obama Justice Dept. Defends $1.92M File-Swapping Damages

Authored by Mark Hefflinger on August 17, 2009 - 3:00pm.
Washington - The U.S. Department of Justice has defended the constitutionality of an award of $1.92 million in damages for copyright infringement on a file-sharing network, which a jury ordered Kazaa user Jammie Thomas-Rasset to pay the major record labels.

Jammie Thomas Challenges $1.92M File-Sharing Penalty

Authored by Mark Hefflinger on July 7, 2009 - 8:36am.
Duluth, Minn. - Jammie Thomas-Rasset, the Minnesota woman found guilty by a jury of copyright infringement on a file-sharing network and ordered to pay the record labels $1.92 million in damages, has filed motions to have the damage award dismissed or reduced, or alternately be granted a new trial, Ars Technica reported.

Report: Jammie Thomas-Rasset Rejects RIAA Settlement Offer

Authored by Mark Hefflinger on June 30, 2009 - 6:10am.
Los Angeles - Jammie Thomas-Rasset, the woman recently found guilty of copyright infringement on a file-sharing network and ordered to pay $1.9 million in damages, has rejected a settlement offer from the record labels, CNET News.com reported.

RIAA "Willing to Settle" File-Sharing Case for Under $2 Million

Authored by Mark Hefflinger on June 19, 2009 - 8:33am.
Duluth, Minn. - After winning a $1.92 million copyright infringement jury verdict against Jammie Thomas-Rasset, a single mother of four found guilty of illegal file-sharing, the Recording Industry Association of America (RIAA) says it is still open to settling on different terms.

Jury Orders Jammie Thomas to Pay $1.9M for Sharing 24 Songs

Authored by Mark Hefflinger on June 18, 2009 - 12:42pm.
Duluth, Minn. - A jury has awarded the record labels that sued Jammie Thomas-Rasset for copyright infringement on a file-sharing network $1.92 million in damages, or $80,000 for each of the 24 songs she shared, the Recording Industry vs. The People blog reported. After three days of testimony this week, closing arguments were heard on Thursday before the jury began deliberations in the case.

Jammie Thomas Admits Hard Drive Swap, Pleads Innocence

Authored by Mark Hefflinger on June 17, 2009 - 11:06am.
Duluth, Minn. - Jammie Thomas-Rasset took the witness stand in her own defense on Wednesday, against charges from the RIAA that she infringed copyrights by sharing songs on the Kazaa file-sharing network, Ars Technica reported. A day earlier, attorneys for the record labels had called several experts who had examined Thomas-Rasset's computer hard drive, which the defendant admitted had been replaced during the period between when she received was initially accused of copyright infringement, and when she eventually turned the drive over as evidence.

Jammie Thomas Retrial Sees First Day in Court

Authored by Mark Hefflinger on June 16, 2009 - 12:31pm.
Duluth, Minn. - The retrial of accused file-swapper Jammie Thomas-Rasset began on Tuesday with jury selection, opening arguments and testimony from Sony Entertainment and MediaSentry, according to published reports.

MediaSentry Evidence In, 'Fair Use' Defense Out in P2P Case

Authored by Mark Hefflinger on June 11, 2009 - 12:16pm.
Duluth, Minn. - A federal judge has denied accused file-swapper Jammie Thomas' request to disallow evidence from MediaSentry, the firm hired by record labels to track activity on file-sharing networks and gather evidence on suspected copyright infringers, CNET News.com reported.

Jammie Thomas Asks Court to Suppress MediaSentry Evidence

Authored by Mark Hefflinger on June 2, 2009 - 12:58pm.
Duluth, Minn. - Attorneys for accused music file-swapper Jammie Thomas have filed a motion to suppress evidence from MediaSentry, a firm hired by the Recording Industry Association of America (RIAA) to collect evidence of copyright infringement on file-sharing networks. The motion argues that MediaSentry collected evidence in violation of federal, Minnesota and New Jersey wiretapping statutes, as well as the Minnesota private investigator statute.

Accused File-Swapper Jammie Thomas Gets New Attorneys

Authored by Mark Hefflinger on May 20, 2009 - 12:46pm.
Duluth, Minn. - Accused file-swapper Jammie Thomas has new legal representation, after the attorney who represented her against the recording industry said he was out $130,000 in fees and not looking to add to that with a retrial, the blog Recording Industry vs. The People reported. Thomas, who was convicted of copyright infringement and ordered to pay $220,000, was granted a retrial after the judge said he erred in jury instructions. Thomas will be now represented in the retrial by Houston, Texas law firm Camara & Sibley, and St. Paul, Minnesota firm Reinhardt, Wendorf & Blanchfield.

Lawyer for Accused File-Swapper Jammie Thomas Withdraws

Authored by Mark Hefflinger on May 19, 2009 - 12:46pm.
San Francisco - The lawyer for alleged music file-swapper Jammie Thomas has petitioned to withdraw himself from her pending retrial, citing nearly $130,000 in unpaid legal bills, Wired.com reported.

RIAA Fails to Settle Thomas File-Sharing Case; Retrial Date Set

Authored by Mark Hefflinger on May 13, 2009 - 10:12am.
Duluth, Minn. - The Recording Industry Association of America (RIAA) was unable to reach a settlement with Jammie Thomas, the first person convicted of criminal copyright infringement for file-sharing, who was granted a retrial after the judge admitted to erring in juror instructions, Wired.com reported. Thomas' attorney, Brian Toder, met with RIAA counsel and the judge in the case for over two hours to discuss a potential settlement.

Judge in Jammie Thomas File-Sharing Case Pushes Settlement

Authored by Mark Hefflinger on March 10, 2009 - 11:48am.
Duluth, Minn. - The judge overseeing the potential retrial of Jammie Thomas, who was the first person to be convicted by a jury of copyright infringement for offering songs on a file-sharing network, has ordered lawyers for Thomas and the record labels to a conference this week in the hopes of reaching a settlement, Wired.com reported. Thomas was convicted in 2007 and ordered to pay $220,000 in damages; the judge, however, declared a mistrial over his misstatement to the jury that Thomas should be found guilty simply for "making available" songs on Kazaa via a shared folder.

Date Set for Retrial of Accused File-Swapper Jammie Thomas

Authored by Mark Hefflinger on October 31, 2008 - 7:08am.

Duluth, Minn. - A federal judge has set a tentative date of March 9 to begin the retrial of Jammie Thomas, the first person to be convicted by a jury of copyright infringement on file-sharing networks, whose earlier conviction was vacated by the judge, Wired.com reported.

RIAA Appeals Mistrial in Jammie Thomas File-Sharing Case

Authored by Mark Hefflinger on October 16, 2008 - 9:32am.

San Francisco - The Recording Industry Association of America (RIAA) is appealing a judge's decision to declare a mistrial in the case of Jammie Thomas, who was the first American to be convicted by a jury of copyright infringement on file-sharing networks and ordered to pay $220,000 in damages, Wired.com reported. The record label trade group has asked a judge to stay a pending retrial of Thomas while its appeal goes forward before a federal appeals court.

Judge Declare Mistrial in Jammie Thomas File-Sharing Case

Authored by Mark Hefflinger on September 25, 2008 - 8:18am.

Duluth, Minn. - A federal judge in Minnesota yesterday declared a mistrial in the copyright infringement lawsuit that the Recording Industry Association of America (RIAA) brought against Jammie Thomas, the first American to be found guilty by a federal jury of illegal file-sharing, who was ordered to pay $222,000 the labels in damages. U.S. District Judge Michael Davis said he erred in his initial jury instructions, which stated that Thomas should be found guilty regardless of whether or not it was proven that anyone downloaded the songs offered from her Kazaa account.

Judge Hints at Mistrial in Jammie Thomas File-Sharing Case

Authored by Mark Hefflinger on August 5, 2008 - 12:00pm.

Duluth, Minn. - The federal judge presiding over the case of Jammie Thomas, the first person convicted by a jury of criminal copyright infringement of music on a file-sharing network, signaled during a proceeding on Monday that he is likely to declare a mistrial in the case, according to coverage by Wired.com and others. The hearing was scheduled after the judge announced in May he may have made a "manifest error" when he instructed the jury that simply the "making available" of songs from Thomas' computer on Kazaa constituted infringement -- even if no actual distribution had been proven.

Law Professors Argue Against RIAA's "Making Available" Claim

Authored by Mark Hefflinger on June 19, 2008 - 8:39am.

San Francisco - A group of ten law professors has filed a friend of the court brief, indicating they believe a judge erred when he told the jury in the file-sharing copyright infringement case against Jammie Thomas that simply the "making available" of songs in a shared folder on a computer constitutes copyright infringement, Wired.com reports. The "making available" claim is a key argument in the record labels' 20,000 copyright lawsuits against file-swappers.

Judge Considering New Trial in Landmark File-Sharing Case

Authored by Mark Hefflinger on May 16, 2008 - 9:01am.

Duluth, Minn. - The federal judge who presided over the first music file-sharing copyright damages award against an individual, when in October a jury ordered Jammie Thomas to pay record labels $220,000 in damages, said this week that he may have erred in his instructions to the jury, and is considering granting a new trial, according to reports.