The camp of P2P file-sharer Jammie Thomas-Rasset on Monday slammed the $1.92 million verdict imposed by a Federal Court against her, calling it “arbitrary” and unpredictable.
“It is arbitrary, variable, and unpredictable,” the counsels of Rasset said in an interview, adding that they would appeal to the judge for the high penalty to be slashed significantly.
It will be recalled that Rasset was sentenced to pay some $1.92 million worth of damages to music labels after being found “guilty” of illegal file-sharing of music files using peer-to-peer (P2P) networks.
Rasset’s lawyers said that the amount of damage posted against their client was “simply plucked from the air,” saying that $10, 000 per song awarded by the first jury and the $80, 000 per song penalty by another jury was simply “arbitrary”.
Mrs. Thomas’ lawyers, in a court briefing, presented their case. They said that the difference between the two juries is a clear example of an arbitrary award, which despite being pursuant to a statute is still arbitrary.
Based on the Copyright Act, an intentional or willful violation provides for statutory damages ranging from $750 to $150, 000 per violation.
But Rasset and her counsels argued that the huge gap between the viable damage awards led to the arbitrary judgments of the juries, making it unconstitutional.
They also said that there are no specific rules or guidelines on the imposition of the penalties.
“The disparity between the damage awards by the two juries is only one thing. The refusal of the jury to discuss the actual harm caused by Rasset’s violation is another,” the lawyers said.
The lawyers pointed out that the record industry, who filed the case against their client, has failed to discuss the actual damage to them, respectively. But instead, the counsels said, the music firms talked about the worldwide harm it had cost to the record business.
Rasset’s lawyer said that the statutory damage is only obligatory to replace the actual damages that should be imposed against the person in the absence of an alternative.
However, the lawyer said that the it will be difficult for the juries to quantify the actual damage costs, stressing that these damages should relate to the actions of the violators.