Piracy Appeal: Fine Should Be $151
October 16, 2007 at 10:38 AM (PT)
In its appeal of the $220,000 judgement against her for copyright infringement, the counsel for JAMMIE THOMAS is arguing that the fine is excessive and should be lowered to reflect the minimal damages of downloading 24 songs. By their computation, that would be $151.20.
The website P2PNET reports that the RIAA testified any award above and beyond the value of the songs themselves "is purely punitive, and as such must be scrutinized by the Court to insure that it is not grossly excessive, thereby violating the Due Process Clause of the United States Constitution."
THOMAS and her lawyer BRIAN TODER used that to argue in their document to the court that "Assuming plaintiffs receive 70 cents per song, and pretending that defendant’s downloading went to someone other than plaintiffs’ agents, plaintiffs’ damages would be $16.80. ... Multiplied by the maximum Constitutional limits a proper remittitur would be in the amount of zero dollars to $151.20."