p2pnet news | RIAA News:- To no one’s surprise, Jammie Thomas, aka Tereastarr, and her lawyer, Brian Toder, will appeal the finding by a Minnesota jury which levied $220,000 in damages against her after deciding she was guilty of sharing copyrighted music online.
“We’re going on one single issue – whether simply making recordings available is in and of itself an infringement,” Toder told p2pnet this morining.
He was back in his office after spending the weekend “away from cellphones” on his tree farm near the Canadian border.
“There’s never been a single case where that’s been squarely an object of appeal,” he says.
“Were doing this so some decent law can be formed and relied on.
“The labels won the trial but they set themselves up for an appeal which can throw a wrench in this machine of theirs.”
Now you can send donations directly to Jammie Thomas, sued by the Recording Industry Association of America (RIAA) for alleged music pirating and illegal sharing of songs. She was fined $220,000. She is a 30-year-old single mom from Brainerd, MN with an annual income of $36,000.
On her MySpace blog, “Thank you, thank you everyone for your support,” says Jammie, going on:
I have been in contact with Ms. Elizabeth J about putting a counter on the Free Jammie website, but until it can happen and when it does, I will post the amount raised here, in my blog and also as a comment on that site as well. As of right now, your generosity has raised $957. I cannot thank you enough for everything. Not to sound too sappy, but it makes me cry thinking how much you all support me.
If you’re wondering what is happening with this money, it is being placed into a trust account in my name, held by Batman’s lawfirm, so the RIAA cannot attack it as an asset. I don’t know the legal specifics, but that’s the gist of it.
Now, on to the awesome news I proclaimed. First, I must tell you a few details. I was interviewed on CNN this morning concerning this suit. My attorney was with me and we were expecting the basic questions: how are you feeling about this? how has this affected you? so on and so on. Well, my attorney, who has told me to remain mum concerning an appeal due to bargaining chips and whatnot, floored me today.
During the interview, he was asked what the next step is. I figured he would give the same answer I have given many, many times already in numerous interviews; “we’re still strategizing about what our next options are.” Standard lawyer speak if you will. But surprise, surprise, my attorney announced, on national television, with the RIAA watching I’m more than certain, we’re going to appeal!!! That’s right, you read that correctly: WE’RE GOING TO APPEAL!!! I could have kissed Batman when I heard that.
He explained how we’re going to take the RIAA’s theory of making available and appeal it. He also explained how if we win, this would stop the RIAA dead in their tracks!!! Every single suit they have brought has been based on this making available theory, and if we can win this appeal, they would actually have to prove a file was shared and by someone other than their own licensed agent (read MediaSentry).
I’m so giddy right now, I can barely sit still. This is the best news I’ve gotten in the last couple of weeks. Plus, I’m more than certain I will have updates for you in the next couple of days. Stay tuned everyone, cause I’m taking you all along for the ride.
No need for me to say Stay Tuned.
(And Happy Thanksgiving to fellow Canadians )
$220,000 in damages – Hit the RIAA and Big Music where it hurts!, October 5, 2007