The Vivendi Universal, EMI, Warner Music and Sony Music extortion unit “made the decision after attorneys for Jammie Thomas-Rasset rejected an offer from RIAA attorneys to settle,” says NewsChannel 8.
“Having seen their award against Jammie Rasset-Thomas slashed from a staggering $1.92 million dollars to $54,000, the RIAA now wants to settle for half even that amount,” said p2pnet on Wednesday, continuing >>>
But Jammie is having none of it.
“They want me to take a settlement of $25,000 without me knowing what I’m agreeing to,” she told p2pnet.
“The offer has been made without any kind of explanation what the settlement would involve.
“But I’m still not caving in. If they want to settle, they can do it on my terms.”
Michael Davis, the judge who’s presided since the first trial, reduced the award from $1.92 million to $54,000, giving the RIAA until February 8 to accept or reject the new amount.
But, says NewsChannel 8, in the face of Jammie’s refusal to accept a final settlement offer of $25,000, they now want to put her through a third trial.
However, she won’t “agree to pay any amount of money to them”, Joe Sibley, one of Jammie’s pro bono lawyers, is quoted as saying.
Confirming what Jammie told p2pnet on Wednesday, “For her, it’s all the same”, Sibley has her declaring. “She just doesn’t have the money to pay any of those, and it would be financially ruinous,” Sibley said.
He said his client will “continue fighting on principle, saying the statutes that allow for such hefty damages in these types of cases are wrong,” says the story, adding:
“Once damages are finalized, he said, he intends to take the constitutionality of the damages to the appellate level.”
“In my opinion, the Court erred in (a) failing to decide the constitutional question, and decide that even the minimum statutory damages of $750 would be unconstitutionally excessive under the due process clause as against actual damages of 35 cents, and (b) permitting a new trial at all,” says Ray Beckerman on Recording Industry vs The People, adding:
“Even if the Court could find a permissible rationale for declining to decide the constitutional question, which it can’t, there is still no way under existing copyright law any award of more than $750 could be legally sustainable,”
“So even under that scenario the judge should be directing judgment for $18,000, not setting himself up for another circus.”
..… and identi.ca
First they ignore you, then they laugh at you, then they fight you, then you win ~ Mahatma Gandhi
p2pnet – ‘We’ll settle for $25,000′ RIAA tells Jammie, January 27, 2010
$1.92 million dollars to $54,000 – Jammie Thomas-Rasset award reduced …, January 22, 2010
NewsChannel 8 – Minnesota song-sharing case heads for 3rd trial, January 28, 2010
Recording Industry vs The People – Reported that RIAA will ask for a 3rd trial in Capitol Records v Thomas, January 29, 2010
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