Jammie Thomas: facing the RIAA alone
p2pnet news view RIAA | P2P:- I’ve never been able to understand how Brian Toder (right) was able to continue as Jammie Thomas’ lawyer.
Jammie is the Minnesota mother of two who, on June 15, will for the second time take on the Big 4 record labels, Vivendi Universal, EMI, Warner Music and Sony Music, and their RIAA.
First time around, she was ordered to pay Big Music almost a quarter of a million dollars in ‘damages’.
But judge Michael Michael Davis, who heard the case, declared a mistrial after admitting he’d committed a, “manifest error of law” when he told the jury the, “act of making copyrighted sound recordings available for electronic distribution on a peer-to-peer network, without licensefrom the copyright owners, violates the copyright owners’ exclusive right of distribution, regardless of whether actual distribution has been shown”.
Now, on June 15, after the two sides failed to reach a settlement agreement, unless a lawyer with a social conscience steps forward to represent her pro bono, she’ll be standing against them alone.
Because Toder who, while acting as her attorney, fulsomely praised RIAA lawyer Richard Gabriel, who was doing his best to see her pilloried, has pulled out.
For the second time.
“Gabriel was under consideration for a judgeship in Colorado and officials who were vetting the RIAA lawyer called Toder, seeking his opinion,” said p2pnet. “I gave him a very favorable rating,” he stated. “I think he’s a standup guy and a good lawyer. And I think he would be a good judge.”
Now a court document says Toder “expended thus far $129,485 of uncompensated for time that will never be recovered, coupled with the likelihood that a similar, additional amount will be incurred if ordered to continue representation of defendant who originally caused [word missing] this firm by means of false representations.
Does that in some way refer to payment, or lack of it?
This isn’t the first time Toder wondered about his professional involvement with Jammie Thomas and in January, 2008, decided it was time for him to look for more gainful employment.
Then, “I feel Mr. Toder performed as best he could considering the financial situation I am in and how much I could afford to pay him and his firm,” Jammie said, generously, as she looked for new legal representation.
But he decided to stay on.
Jammie told me she’d made it clear from the beginning she didn’t have the resources for a big trial, and that for the last year and a half Toder has been trying to make up his mind whether or not to continue representing her or to pull out, finally deciding to leave her to her own resources.
When she learned the corporate music industry was going after her, she said she wouldn’t give up no matter what.
Today, “If I have todo this on my own, I will,” she reiterated.
“That’s pretty much something I resolved from Day One, and if I have to, I’ll find some way to do it on my own.”
Everyone deserves a defence, no matter what they’re alleged to have done, and indeed, if Jamie was a murderer, she’d be entitled to legal protection paid for by the state or federal government.
But Vivendi Universal (France), Sony (Japan), EMI (Britain), and Warner Music (US) and their RIAA (Recording Industry Association of America) have been attacking thousands of helpless and innocent people across America, safe in the knowledge that not one of them has the financial or legal resources to mount any kind of defence at all, let alone an adequate one.
Jammie is the only one of the 40,000 RIAA victims to have appeared before a judge and jury and now, unless someone who believes justice is more than a word comes forward, she’ll be standing alone against a team of highly paid professional litigation lawyers hired by the Big 4 labels to paint an entirely false picture of her as a hard-core criminal out to rob the hard-pressed labels of their rightful dues.
If you’re a lawyer who’s ready to 
act for Jammie, please contact me at p2pnet @ shaw dot ca, or Ray Beckerman at ray @ beckermanlegal dot com ands we’ll forward your name to her.
Jon Newton – p2pnet
May, 2009
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May 16th, 2009 at 7:33 pm
You should put this story at the top of your front page. This case is far too important and precedent setting to let it slip down the list.
Heck, I suggest even putting a banner ad on your home page for a lawyer for Jammie.
May 16th, 2009 at 7:57 pm
@ Raptor X
Don’t worry. Jammie will be joining Brittany at the top of the page.
Cheers!
May 17th, 2009 at 9:10 am
America, where did you turn wrong?
This is a fictional story, made up to show how thew legal system use and should work.
Joe was a homeless alcoholic in Dodge City. One day he was hungry and decided to enter the saloon, order a meal and after eating, declared himself unable to pay. Sheriff Matt Dillon was called, paid for Joe’s actual meal cost of 20 cents, took Joe to the office, put him in the cell for the night and released him the next day.
The saloon owned asked Dillon why he was so generous to Joe. Said the sheriff: Joe did nothing wrong, he just followed his instinct. Beside generosity is a good thing for the soul. I feel better not punishing Joe.
That was the legal system then.
Now it is a cut throat business.
Where did you go, Matt Dillon?
Where did generosity go?
America, where did you turn wrong?
May 17th, 2009 at 3:49 pm
It is the case with most of these is that individuals are ill equipped financially to defend up against corporate money and power.
What difference does due process make where one cannot afford it. I was defending my property against a corporate thief. Illegal to steal?
Why yes, but what happens when the thief out guns you by 100 fold with litigation money. The thief gets away that’s what. Congress and
the Justice system in there infinite naivety believe all is fair in court. I have begun a web site standing against theft perpetrated by copyright owner.
It is located here: http://www.digitalrightownertheft.com/
May 17th, 2009 at 9:59 pm
One question: If file-sharers are so concerned about the outcome of this case and feel that the odds are stacked against Jammie Thomas, why aren’t they contributing to her legal defense fund? Why does Joel Tenenbaum get a Harvard law prof and a team of students, while Jammie Thomas (who is arguably higher profile for arguing against the constitutionality of statutory damage awards) get no one, or (at best) a random lawyer willing to work for free? Where is the EFF? The ACLU? Ray Beckerman?
All right, that was more like 5 questions…
May 18th, 2009 at 3:45 pm
The U.S. civil court system sucks, it is gamed completely in favor or wealthy corporations. If you are prosecuted in criminal court, you have a right to an appointed attorney. If some huge corporation doesn’t like what you are doing and sues you, they can be completely wrong and you are still screwed; as you have no rights to an attorney, so you either have to show up without one or go broke paying for one. Corporations know very well most people can’t afford lawyers fees for any length of time, so they can drag out a case till the accused runs out of money to pay his/her attorney.
May 19th, 2009 at 8:12 am
The playing field is just not even when an individual is up against a billion dollar company. The individual cannot fight with out an attorney and the individual will run out of money long before any trial can occur. One cannot say that due process even exists under these circumstances. May sound strange, but when Gandhi faced the soldiers in the street, there was nothing he and his small group could do but lay down in the streets. He and his group met an opposition where there was no chance of winning. Maybe what those sued should do being that they cannot win anyway is lay down in court so to speak. Represent one’s self and simply tell the court “until a fair hearing can be held and the playing field level, no one can defend such a case.” When enough people are sent to jail for not defending, minds may change on the fairness of all of this. Forty five years ago some people refused to leave a lunch counter which had a sign “for whites only.” They were jailed for sitting at the whites only. Those people back then also faced a battle they could not win because the opposition was too strong and powerful. It may be the only way to make our court system recognize due process again.
May 20th, 2009 at 11:42 am
It can be leveled quite easily. If the corporation suing the person loses they pay all defense costs, court costs AND a significant penalty. That would stop the fishing expeditions and only cases with real winnable proof would occur. Once you start the trial, no no-cost dismissals allowed. I’m sure this would stop a huge amount of nuisance lawsuits.
May 21st, 2009 at 8:33 am
That would be great if you could have a trial. Problem is the individual is broke due to litigation costs long before any trial. That corporation doin g the suing knows this and makes sure they dump enough paper on your attorney to be sure you never make it to any trial. That is why I say, due process is dead because you relly cannot have your day in court unless you have $50,000 to spend defending.