It's been a roller-coaster of a legal ride for Jammie Thomas, who was found guilty of copyright infringement for sharing 24 songs through KaZaA, a P2P file sharing application. After the dust settled, Thomas was ordered to pay $1.92 million in damages, an amount levied against her in a retrial of the case and much higher than the original $220,000 verdict she received in the original case.
In a motion filed today with the Minnesota federal court, Thomas called the verdict "excessive, shocking, and monstrous." As such, Thomas wants the federal judge overseeing her lawsuit to either toss out the exorbitant damage award, reduce it, or issue her a retrial.
"For 24 songs, available for $1.29 on iTunes, the jury assessed statutory damages of $80,000 per song -- a ratio of 1:62,015," the motion states. "For 24 albums, available for no more than $15 at the store, the jury assessed statutory damages of $80,000 per album, a ratio of 1:5,333. For a single mother's noncommercial use of KaZaA, and upon neither finding nor evidence of actual injury to the plaintiffs, the judgment fines Jammie Thomas $1.92 million. Such a judgment is grossly excessive and, therefore, subject to remittitur as a matter of federal common law."
The record labels also filed a motion today, one which asks the judge to issue a permanent injunction against future copyright infringement. Because, you know, a $1.92 million fine apparently isn't enough of a deterrent.
Should Thomas be issued a retrial or have her fines reduced? Hit the jump and sound off.