Jammie Thomas Moves To Strike RIAA $1.92M Verdict 392
Posted
by
timothy
from the in-excruciating-detail dept.
from the in-excruciating-detail dept.
NewYorkCountryLawyer writes "Jammie Thomas-Rasset has made a motion for a new trial, seeking to vacate the $1.92 million judgment entered against her for infringement of 24 MP3 files, in Capitol Records v. Thomas-Rasset. Her attorneys' brief (PDF) argues, among other things, that the 'monstrous' sized verdict violates the Due Process Clause, consistent with 100 years of SCOTUS jurisprudence, since it is grossly disproportionate to any actual damages sustained. It further argues that, since the RIAA elected to offer no evidence of actual damages, either as an alternative to statutory damages, or to buttress the fairness of a statutory damages award, the verdict, if it is to be reduced, must be reduced to zero."
Re:Some people should realize that... (Score:5, Funny)
"A force that tends to oppose or retard motion."
I think that very well describes the motion in question; it opposes a retarded motion. ;)
Turned Around (Score:5, Funny)
Re:Can't pay the fine? (Score:2, Funny)
If you're retarded
Re:Can't pay the fine? (Score:4, Funny)
Three dead travelers worth less than one song apparently.
Jammie Thomas' Playlist:
You have to realize that figure was averaged per song. Three dead travelers don't even come close to the value of "Welcome to the Jungle". They might be worth a Goo Goo Dolls song however.
Below Zero (Score:3, Funny)
Re:Statutory Damages (Score:1, Funny)
No I wouldn't, if I was clearly and obviously guilty. I've been given a speeding fine before. I was speeding. There were a ton of mitigating factors, but at the end of the day, I was speeding, so I paid the fine. I could have wasted a year of my life arguing in court, but I have a life to get on with, and I knew I'd broken the law.
Somehow jammie believes her own hype and somehow convinced herself she is innocent.
Re:Statutory Damages (Score:3, Funny)
You got to know when to hold them and know when to fold them.
That'll be $750 thanks for infringing on poor o'l Kenny Rogers
Pedant looks up who actual wrote the song in 3... 2...
Re:Can't pay the fine? (Score:3, Funny)
They're lucky Air France didn't treat them like the RIAA members treat the artists. In that case the families would have been charged extra for the special effects used to promote the flight.
Re:Can't pay the fine? (Score:3, Funny)
So when God fucks up it's less of a problem than when I do? Great, he's first of all much more powerful to avoid it than I am and he's also an effing lot richer.
I knew it all the time. If you have money and power, you won't get blamed for anything.
Re:Can't pay the fine? (Score:1, Funny)
Re:Statutory Damages (Score:2, Funny)
Indeed. but her fine was $1,500 as I recall, and she refused to settle for it.
That was her mistake.
Re:Can't pay the fine? (Score:3, Funny)
# "Bills, Bills, Bills" By Destinyâ(TM)s Child
# "Possession" By Sara McLachlan
# "Run Baby Run" By Sheryl Crow
# "One Honest Heart" By Reba McEntire
Priceless :)
Re:Some people should realize that... (Score:1, Funny)
You're completely right. The American People really need to understand what governmental checks and balances are really all about. The checks are what the government gets from China and the balances are those pages and pages of huge, red numbers.