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Eighth Circuit Ends Thomas-Rasset File-Sharing Fight

BY Sheri Qualters
September 27, 2012

[Editor's Note: Internet Law & Strategy has been following the saga of Jammie Thomas-Rasset since she was found guilty in October 2007 of violating copyright law by downloading music after being sued by the RIAA and ordered to pay $222,000. (See, "RIAA Wins File-Sharing Suit," http://bit.ly/OeXSlD.) After almost five years of legal battles, Thomas-Rasset seems to have finally run out of courts to plead her case, as this report from The National Law Journal details.]

The U.S. Court of Appeals for the Eighth Circuit has reinstated statutory damages of more than $220,000 against a woman who illegally file-shared two dozen songs, finding the damages to be constitutional.

On Sept. 11, 2012, a unanimous panel held that Jammie Thomas-Rasset must pay $222,000 in damages, or $9,250 per work, to several recording companies. That was the amount they were awarded in October 2007 after the first of three trials in the case, Capitol Records v. Thomas-Rasset. The appeals court also held that Chief Judge Michael Davis of the District of Minnesota erred by ruling in July 2011 that the due process clause allowed statutory damages of only $54,000. That ruling followed the third trial.

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