The Recording Industry Association of America (RIAA), which represents the music labels in such lawsuits, filed an appeal with the Eight Circuit asking for the original $222,000 from the first trial to be reinstated. In its appeal, the RIAA argued that the Due Process Clause should not be used to limit the statutory damages available to an entity under law.

The Eight Circuit's ruling upholds that view. "It makes no sense to consider the disparity between "actual harm" and an award of statutory damages when statutory damages are designed precisely for instances where actual harm is difficult or impossible to calculate," the court held.

The ruling evoked groans of dismay from some quarters. In a , the Electronic Frontier Foundation, which filed a brief on behalf of Thomas-Rasset in the case, criticized the verdict.

"Frighteningly, the court suggested that statutory damages awarded by a judge or jury don't need to have ANY connection to the harm actually suffered by a copyright owner," EFF said in its blog.

Ray Beckerman, a New York attorney who has represented clients in RIAA lawsuits called the decision "superficial, careless, and wrong.".