Jammie Thomas on the RIAA lawsuit

If you didn't hear the news: This week the major music labels won a civil suit against Jammie Thomas, a 30-year-old single mother from Minnesota. She was found to have shared 24 songs, for which she has to pay $220,000 in damages.

Just to reiterate: $220,000 for sharing 24 songs.

Under wacky US law, these penalties are largely at the discretion of the jury - and she could have done a lot worse. The Iconoclast blog has a post about the instructions given to the jury; here's one:

JURY INSTRUCTION NO. 22: In this case, each plaintiff has elected to recover "statutory damages" instead of its actual damages and profits. Under the Copyright Act, each plaintiff is entitled to a sum of not less than $750 or more than $30,000 per act of infringement (that is, per sound recording downloaded or distributed without license), as you consider just. If, however, you find that the defendant's conduct was willful, then each plaintiff is entitled to a sum of up to $150,000 per act of infringement (that is, per sound recording downloaded or distributed without license), as you consider just.

In determining the just amount of statutory damages for an infringing defendant, you may consider the willfulness of the defendant's conduct, the defendant's innocence, the defendant's continuation of infringement after notice or knowledge of the copyright or in reckless disregard of the copyright, effect of the defendant's prior or concurrent copyright infringement activity, and whether profit or gain was established.

The Recording Industry Association of America has pursued similar lawsuits against thousands of other people, but Jammie Thomas's case was different because she refused to settle out of court. She says she's innocent, so it went to court, and she lost big time.

On her Myspace page, Jammie talks about the result:

To all those who have stumbled across my site due to the recent coverage of my battle against the RIAA, welcome. For those who did not know, I was sued by the RIAA for illegally downloading and uploading music on the Kazaa network. I refused to settle as I DID NOT do this and I was not going to be bullied, PERIOD.

I will thank everyone, old and new friends alike, for all of their well wishes before the trial, during the trial and after the verdict was read. Yes, I lost. Although I may have lost this battle, I refuse to lose this war.

What made me lose? Main thing is money. I don't have it, the RIAA does. Simple as that. I couldn't afford certain things I needed; my attorney (who is a complete sweetheart of a man who took this case knowing full well what my finances are like so thank you, thank you 'Batman') gave everything he could, so we trudged ahead full steam with what little resources we had. In the end, it wasn't enough.

I truly hope no one sees this as my hand out, as that is not the case. I have not solicited any resources from anyone except advice and maybe a point in the right direction (kudos to you Mr. Ray Beckerman). I still refuse to hold my hand out. Consider it my Native Pride.

I have seen some reports about me being devistated after the verdict was read, and guess what? I was. I wonder if there is a person out there who wouldn't be upset after a jury says you're responsible to pay $222,000 for something you didn't do. I was inconsolable. I will fully admit to being a single mom of two boys living paycheck to paycheck. Potentially having 25% of my wages garnished for the rest of my life will not only hurt me, but it will hurt my family as well. Will that stop me? NEVER!!

Some of you may be asking, "What's the next step?" Well, I first need to calm down, which I have done, a little. Then, I need to strategize with Batman and figure out what my options are. So, for those of you rooting for me, stay tuned as there is more fight left in me. For those of you rooting against me? I hope you never find yourself in this same situation or one similar to it as you will then know what I know now and look back upon your actions with shame.

There's another post for those of us whose immediate reaction to the story was: "How can I send her money?"

Some of you have sent me messages asking where to send money to assist with paying this debt. I must tell you first, from the bottom of my heart, I thank you for your kindness. Now, this debt isn't finalized. There are more options available my attorney is currently seeking out before I am stuck with this ridiculous bill from the RIAA. We'll worry about the debt part once it's finalized that I will have to pay it. Also, other's have been asking where to send money to assist with an appeal (I'm not saying there will be one yet, but there might be). If you feel you would like to help with an appeal, any correspondance can be sent to my attorney, otherwise known as Batman :D, at the address below. IF you decide to send something (and please do not take this as me asking, I know alot of you are in the same financial boat as I am, so I could never ask you to send money), please send it marked with my case number 06cv1497 Capital Records v Jammie Thomas, to:

Chestnut & Cambronne
Attn: Brian Toder
3700 Campbell Mithun Tower
222 South Ninth Street
Minneapolis, MN 55402