Mon, Jun 15, 2009 - Page 13 News List

[ MUSIC ] American who lost file-sharing case gets replay

By Steve Karnowski  /  AP , MINNEAPOLIS

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The Minnesota woman who became the only music file-sharing defendant so far to go to trial in the US is getting a replay two years after losing the case.

Jammie Thomas-Rasset, a 32-year-old mother of four and self-described “huge music fan,” will be armed with aggressive new lawyers when her retrial begins in federal court here today.

The lawsuit is among the last vestiges of an anti-piracy campaign that the recording industry ultimately dropped amid widespread criticism. The Recording Industry Association of America (RIAA) said in December it had stopped filing lawsuits like these and would work instead with Internet service providers to cut access to those it deems illegal file-sharers. But the recording industry plans to proceed with cases that are already filed.

Thomas-Rasset is the rare defendant who has fought back.

Music companies have filed more than 30,000 similar copyright lawsuits in recent years against people they accused of illegally swapping songs through Internet file-sharing services such as Kazaa.

None of the others has made it to trial yet.

Faced with huge legal bills, most settled for an average of about US$3,500, even if they insisted they had done nothing wrong.

Thomas-Rasset’s new lawyer, K.A.D. Camara, notes the settlements add up to more than US$100 million; the RIAA contends its legal costs exceeded the settlement money it brought in.

The lawsuits have turned into a public relations nightmare for the recording industry, putting music companies in the position of going after their most ardent fans. Blogs and media reports have highlighted heavy-handed tactics against several improbable targets.

In 2006, for example, the industry dropped a lawsuit against Tanya Andersen, a disabled single mother in Oregon. Andersen said she had been misidentified and never downloaded the music she was accused of stealing. Industry representatives allegedly threatened to question her 10-year-old daughter if she didn’t pay up.

And in 2007, the companies backed off their attempt to sue an elderly Texas grandmother, Rhonda Crain, who had been displaced by Hurricane Rita in 2005 and said she never downloaded music. They settled for no money, just her agreement not to download any music illegally.

Camara said he hoped to turn Thomas-Rasset’s retrial into a trial against the RIAA, both before the jury and in the court of public opinion. A win by the defense, he said, could undermine the other music-sharing cases.

RIAA spokeswoman Cara Duckworth insisted the music companies will again prevail, just as they had in 2007 when a federal jury in Duluth found Thomas-Rasset had violated copyrights by offering 24 songs on the Kazaa file-sharing network. She was ordered to pay US$222,000 in damages, or US$9,250 per song.

Duckworth said the group does not have figures on cases still pending, but the industry will press ahead with them, saying it had to pursue those “who have regularly illegally downloaded music and thumbed their nose at the law and the legal process.” Nor did Duckworth have figures on how many defendants decided to settle after Thomas-Rasset lost.

“Suffice to say, the first trial generated a fair amount of attention and certainly caused a number of people to think twice about downloading music illegally,” she said.

Thomas-Rasset, who still denies any illegal song swapping, is getting a retrial after US District Judge Michael Davis decided last September he erred in telling jurors the companies did not have to prove anyone downloaded the copyright-protected songs she allegedly made available. Davis later concluded the law requires that actual distribution be shown.

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