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In her first trial, a jury found Thomas-Rasset guilty and ordered her to pay $222,000 in damages for copyright infringement. However, the judge later said he had erred in his instructions to the jury and ordered a new trial. In the second trial the jury again found Thomas-Rasset guilty, but this time awarded $1.92 million in damages. Then last month the judge from the second trial, Judge Michael Davis, sided with Thomas-Rasset's attorneys and reduced that jury award to $54,000, representing $2,250 for each song that Thomas-Rasset was found guilty of sharing - triple the statutory minimum of $750, but far far less than the statutory maximum of $150,000. To end matters, the RIAA then offered Thomas-Rasset an even lower settlement (thought to be $25,000) provided she ask the judge to vacate his ruling that lowered the damages; she refused that offer. The RIAA have now said that they “find it impossible to accept a remittitur that could be read to set a new standard for statutory damages - essentially capping those damages at three times the minimum statutory amount of $750 saying “this far-reaching determination is contrary to the law and creates a statutory scheme that Congress did not intend or enact." Let round three (and a half) commence.
http://www.dmwmedia.com/news/2010/02/10/fileswapper-headed-third-trial-copyright-charges
http://www.dmwmedia.com/news/2010/02/10/fileswapper-headed-third-trial-copyright-charges
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