Judge Reduces Penalty In File-Sharing Case

Jammie Thomas-Rasset, who in July 2009 was ordered to pay $1.92 million in damages for illegally downloading and distributing 24 songs, has had her penalty reduced to $54,000, or $2,250 per infringed recording. In a January 22, 2010 decision Minnesota District Judge Michael Davis wrote that "the need for deterrence cannot justify a $2 million verdict for stealing and illegally distributing 24 songs for the sole purpose of obtaining free music." Davis said that statutory damages must bear some relation to actual damages, and while the reduced award is still "significant and harsh" it was no longer "monstrous and shocking." He ordered Thomas-Rasset to destroy any music that she illegally obtained and to avoid further copyright infringement. The Court denied Thomas-Rasset's motion for a new trial.

The plaintiffs, members of the Recording Industry Association of America (RIAA), decided to reject the reduced penalty, thus forcing a new trial to determine damages. An RIAA spokesperson said that they are pursuing the case to show the defendant was in fact responsible for copyright infringements, and to deter others from committing similar infractions. The RIAA had unsuccessfully sought to settle the case (Capitol Records, Inc. v. Thomas) prior to a widely publicized trial.