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Tuesday, September 25, 2012

$222,000 Penalty in File-Sharing Case Reinstated

Back in 2011, the Recording Industry Association of America appealed the fine reduction in Jammie Thomas “notorious” file-sharing case. In result of the scandalous case, a Federal Appeals Court decided to order her pay damages to the entertainment industry of almost a quarter million dollars for merely downloading and sharing two dozen of tracks through the file-sharing service named Kazaa. By the way, the latter doesn’t exist anymore.

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The concern of the industry experts, however, is the very fact that the court decided to support the industry’s stand stating that judges can’t reduce a jury’s verdict in copyright lawsuits. So, when the events led to deciding also with respect to copyright industry having to prove actual distribution of the illegal material aside from just making it available on file-sharing portals, the court simply let that one unresolved.

The matter is that this court decision may very well mean the end to 3 industry’s trials against Jammie Thomas unless there’s one more appeal. Actually, the defendant can be credited with the courage to be the first person to ever take the matter to court instead of just settling with the anti-piracy’s lawyers for several thousand dollars.
In the meantime, Joel Tenenbaum is also known as a victim of the other file-sharing case, who refused to settle with the RIAA and challenged the outfit in court. This past May, the Supreme Court decided to uphold the award of $675,000 against the college student guilty of sharing 30 tracks handed down by a federal jury.

The copyright lawsuit in question seemed to be everlasting since 2006, as it has already gone through so many turns. The case had 3 different verdicts: last year a jury awarded the industry $1.5 million, but this amount later got cut back to $54,000 after a judge ruled that the original fine was appalling. Finally, last week the court reinstated the decision which favored RIAA with $222,000 fine

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