seem for the Recording Industry Association of America ( RIAA ) to try and use Thursday ’s court victory in a file - portion out typeface in Minnesota to push those it has file interchangeable case against to quickly settle , according to some sound experts .
A federal jury in Duluth , Minn. , consecrate Jammie Thomas of Minneapolis to pay $ 222,000 to six recording companies for illegally downloading and sharing 24 music files with others over a Kazaa file - share internet . The 12 - individual jury say Thomas must pay off $ 9,250 for each of the 24 Song that were the focus of the causa , the first ever of its kind to go before a trial lawcourt .
The finding of fact is sure to be used “ as a banner by the RIAA ” in its campaign against those it suspects of illegal file share-out , say Charles Mudd Jr. , a Chicago - based lawyer whose firm has represent more than 100 clients in RIAA cause .
“ The jury verdict will total acceptance to and bolster the RIAA campaign of pursuing file cabinet sharer , ” Mudd order . “ I think the monetary honor has some significant deficiencies , but notwithstanding , the jury finding of fact will support the RIAA in its continuing effort to quest for those it believes have illicitly stolen copyrighted music , ” he said .
According to Mudd , the $ 222,000 in damages is much higher than what many would consider to be sensible compensation for any literal damages that the record companies might have support as a result of Thomas ’ actions . Even when statutory damages are exact , the doorstep that is typically applied is about 10 times the genuine legal injury caused to a complainant , Mudd say .
It ’s unclear how the verdict will influence the thousands of alike suit that the RIAA is presently pursuing against individuals , Mudd say . But a set depends on the single circumstances surrounding each typesetter’s case . For instance , several of the individuals that Mudd ’s business firm has represented in RIAA causa denied they illegally download or shared copyrighted euphony , he tell . In cases where the forensic evidence supported that call , it has been a relatively square task produce the RIAA to drop its claims .
But where the forensic grounds shows that an person may have been lawlessly sharing files , it may be far cheaper to take the RIAA settlement offer than to try and fight it , specially in light of yesterday ’s finding of fact , he said . “ I do n’t agree with the RIAA ’s tactics and I do n’t concur with their settlement sum , ” he said . “ But paying $ 4,000 to settle is sure enough much better than what happened in Minnesota . ”
Mark Avsec , a partner at Benesch , Friedlander , Coplan and Aronoff LLP and a former appendage of the 1970s rock stripe Wild Cherry , said the finding of fact would have a “ deterrent effect to some extent ” on those inclined to baby in illegal file communion . “ It ’s going to make multitude think twice . It sends a content to the real flagrant file sharer that the Copyright Act is veridical and if you do n’t settle the action that the RIAA is smartly quest for , you could be liable for actual significant equipment casualty . ”
He also said he was not entirely surprised at the sizing of the panel finding of fact . “ Once you start asserting an action under the Copyright Act , it is quite well-defined what you may recover in case like this , ” he said . He noted that the law provides for statutory damage of up to $ 30,000 per infraction .
At the same clip , without some pregnant change in the music industry , verdict alone will do little to completely obviate illegal file share-out , he said . “ I can see why the RIAA is bringing suit in terms of infringement . But the label need to take care at the deep problem . masses are not go to expend $ 18 on a bit of plastic for one song they may want . They want better value than that . ”
Ray Beckerman , a New York - establish attorney who represents several individuals in RIAA lawsuits , predicted the Minnesota verdict is potential to be arrange away or rescind . “ Obviously , the verdict is disproportional in amount . When the damage you have bear is $ 23.76 of song files that were infringed and you have a verdict of $ 222,000 that is about a 10,000 - 1 ratio . ”
Even so , expect to see the verdict have an “ aroused impact ” on those dealing with RIAA litigation , he say .
“ People will be afraid , ” he said . “ When I first spoke with them two and a half geezerhood ago , they kept verbalize about a example in Illinois where they had a $ 22,000 judgment against a woman who admitted to downloading songs illicitly . For four and a half years , they have kept babble out about that fount because that was the only one cause they ever acquire . The woman did n’t even repugn the case really , but they kept cite that case .
“ Why would they want to even mention that one anymore when they have this finding of fact ” to lecture about now , he said .
