Nov 5, 2010

Jammie Thomas-Rasset ordered to pay $1.5M for downloading, sharing 24 songs: $62K for each tune

Twenty-four songs are barely enough music to fill an hour, but Jammie Thomas-Rasset will be paying for those two dozen tunes for years.

Thomas-Rasset, one of the few people still tangling with the Recording Industry Association of America over downloading and sharing music illegally, was penalized $1.5 million on Wednesday for 24 songs she snagged and shared on music exchange website Kazaa.

That's $62,500 for each song she downloaded, including Sheryl Crow's "Run Baby Run," Def Leppard's "Pour Some Sugar on Me" and Journey's "Don't Stop Believin'."

The decision marks Thomas-Rasset's third time in court on this case, which has been going on since 2007.

"It is Groundhog Day," presiding Judge Michael Davis quipped as he opened the trial, according to the technology site ArsTechnica.com.

Her first time around, a jury ordered Thomas-Rasset to pay $222,000 to the six music companies whose songs she downloaded illegally.

She appealed that decision, and a mistrial was later declared.

Thomas-Rasset was tried again in June of 2009, and a jury came down much harder, ordering her to pay $1.92 million for the downloads.

The judge softened the blow to a $54,000 penalty and RIAA offered to settle for $25,000, saying it would use the money to help struggling musicians, but Thomas-Rasset refused to pay and appealed again.

One of many file sharers sued by the record companies, Thomas-Rasset was one of the lone few who did not settle out of a court.

The Minnesota mom, who makes less than $40,000 a year, says the first trial cost her $100,000 – which was later waived - and her current lawyers are working pro bono because she can't afford to pay them, ArsTechnica reports.

The 24 songs she is being sued for, including Gloria Estefan's "Here We Are" and Janet Jackson's "Let's Wait Awhile," according to Wired.com, were chosen as a representative sample of the more than 1700 songs RIAA claims she downloaded and circulated among Kazaa's 2 million users.

Experts say she will likely appeal again on the grounds the decision is unconstitutional.

An RIAA spokeswoman applauded the jury's verdict in an emailed statement to ComputerWorld.com. "Now with three jury decisions behind us, along with a clear affirmation of Ms. Thomas-Rasset's willful liability, it is our hope that she finally accepts responsibility for her actions," she said.

The full list of songs Thomas-Rasset is on trial for:

Guns N Roses:"Welcome to the Jungle"; "November Rain"

Vanessa Williams: "Save the Best for Last"

Janet Jackson: "Let's Wait Awhile"

Gloria Estefan: "Here We Are"; "Coming Out of the Heart"; "Rhythm is Gonna Get You"

Goo Goo Dolls: "Iris"

Journey: "Faithfully"; "Don't Stop Believing"

Sara McLachlan: "Possession"; "Building a Mystery"

Aerosmith: "Cryin’"

Linkin Park: "One Step Closer"

Def Leppard: "Pour Some Sugar on Me"

Reba McEntire: "One Honest Heart"

Bryan Adams: "Somebody"

No Doubt: "Bathwater"; "Hella Good"; "Different People"

Sheryl Crow: "Run Baby Run"

Richard Marx: "Now and Forever"

Destiny's Child: "Bills, Bills, Bills"

Green Day: "Basket Case"

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