Reduced award called too high in music piracy case

22.01.2010

In their lawsuit, the six music companies claimed that Thomas-Rasset had illegally distributed 1,702 copyrighted songs, though they chose to focus only on a representative sample of 24. The copyright laws under which Thomas-Rasset was prosecuted allowed for a minimum statutory damage of $750 per infringement to a maximum of $150,000 per infringement.

The $1.9 million verdict was nearly nine times the assessed against Thomas-Rasset in a first trial by another jury. That verdict, in October 2007, was overturned in September 2008 by Davis on technical grounds. Davis is the same judge who presided over Thomas-Rasset's first trial.

Thomas-Rasset appealed the award and requested that it be reduced to the statutory minimum of $750 or a total fine of $18,000.

In rejecting that request, Davis noted that Thomas-Rasset had acted in a manner that was clearly willful and deliberate. He also noted that Thomas-Rasset had refused to take responsibility for her actions and had lied under oath. He cited both actions as reasons for rejecting her request and instead awarding statutory damages of three times the minimum, or $2,250 per song.

Even that award, Davis noted, only represents a figure that is "no longer monstrous and shocking," he wrote in his 38-page ruling. "This reduced award is significant and harsh. It is a higher award than the court might have chosen to impose in its sole discretion, but the decision was not entrusted to this court," he said. Rather, it was the jury's province to determine the damages, and all the court could do was reduce money damages to a more reasonable figure, he wrote.