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Published byLenard Payne Modified over 8 years ago
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Recording Industry Association of America (RIAA) v. Jammie Thomas Capitol v. Thomas
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Unauthorized Sharing RIAA tries to combat unauthorized sharing of music. Internet users suspected of illegal file sharing are: – Identified by their IP address – Sent a letter accusing them of file sharing – Offered an opportunity to settle before a lawsuit is filed – Typical settlements were between $3,000 and $12,000.
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August 2005 – Jammie Thomas of Brainerd, MN sent a cease- and-desist letter and settlement offer for downloading and sharing 24 songs on Kazaa. – Thomas refused to settle April 2006 – Several major record labels sued Thomas for copyright infringement
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1 st Civil Jury Trial October 2007 Thomas held liable Recording industry awarded – $222,000 ($9,250 per song)
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2 nd Civil Jury Trial June 2009 Thomas held liable Recording industry awarded – $1,920,000 ($80,000 per song)
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Remittitur January 2010 Remittitur = a ruling by a judge lowering the amount of damages granted by a jury in a civil case. Damages reduced – $54,000 ($2,250 per song) Plaintiffs (the Recording Industry) rejected the adjustment
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3 rd Civil Jury Trial (damages only) November 2010 Recording Industry awarded – $1,500,000 ($62,500 per song)
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Damages Reduced July 2011 Damages reduced to “constitutional maximum” – $54,000 ($2,250 per song) Also see Sony BMG Music Entertainment v. Tenenbaum
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