US woman loses music downloading appeal
AP September 12, 20121:40PM
A US court has ruled in favour of record companies. Source: AP
A US woman accused of sharing songs online owes record companies $US222,000 ($A213,760) for wilful copyright violations, a federal appeals court says, reversing a lower court's ruling in a long-running lawsuit over music downloading.
A three-judge appeals panel ruled on Tuesday that Chief US District Judge Michael Davis erred when he cut the award against Jammie Thomas-Rasset, from Brainerd, to $US54,000.
The woman's case was one of only two lawsuits to go to trial out of more than 30,000 filed by the recording industry in a drive to stop the unauthorised free downloading of copyrighted music, which the industry says has cut deeply into its revenues.
The vast majority settled for about $3,500 apiece.
The US Supreme Court in May refused to hear an appeal by former Boston University student Joel Tenenbaum of a $675,000 award in the other case, but he has vowed to keep fighting.
Juries ruled against Thomas-Rasset in three separate trials since the industry sued her in 2006.
Davis said the last award, of $1.5 million, was "severe and oppressive".
But the appeals court found the high award was not unreasonable.
It sent the case back to Davis for an order that she pay $222,000 - the award from her original trial - and for an injunction barring her from making the plaintiffs' recordings available to the public via online media distribution systems in the future.
"We are pleased with the appellate court's decision and look forward to putting this case behind us," the Recording Industry Association of America said in a statement.
But Thomas-Rasset said she plans to appeal again as long as her lawyers remain with her for the long haul, and they've assured her they are.
She has said she can't afford to pay anyway.
Her lawyer, Kiwi Camara, confirmed they'll ask the Supreme Court to hear the case, saying the $222,000 award is punitive.
