June 18th, 2009
Wow! Jury verdict in Capitol v Thomas-Rasset: $2 million
Via Recording Industry v The People:
In Capitol Records v. Thomas-Rasset, the jury has returned a verdict in favor of plaintiffs in the amount of $1,920,000.00, or $80,000.00 per song file.
Ray Beckerman notes that’s 228,571 times the actual damages.
Well I guess there is going to be a third trial. I hope that during the next trial the technical evidence will be challenged, that the issue of recoverability of statutory damages will be tested, and that the plaintiffs will be required to prove (a) dissemination of copies (b) to the public, (c) by a sale or other transfer of ownership, or by lease, rental, or lending, before being deemed to have shown an infringement of the distribution right. The nonsensical exorbitancy of the verdict actually enhances the constitutionality argument, demonstrating how open ended the statute is if the RIAA’s wild eyed interpretation of it is allowed to survive.
