Date: Tuesday, October 16, 2007

Single Mum Faces Bankruptcy After Mammoth File Sharing Fine

Critics have spoken out against unrealistic fines in copyright cases, after a single mum from Minnesota was ordered to pay record companies a massive $222,000 (£109,003).

Jammie Thomas, a 30-year old Native American, was ordered to pay the huge fine after it was alleged she downloaded and shared 1,702 songs via the Kazaa file sharing website. Record companies are thought to have filed file sharing lawsuits against 26,000 people since 2003. Most of these cases have been settled out of court and therefore Ms. Thomas is the first defendant to go to trial.

Thomas’s lawyer, Brian Toder, defended his client by claiming it was impossible to prove “Jammie Thomas, human being, got on her keyboard and sent out these.” Unfortunately, evidence from Thomas’s Internet Service Provider and Internet Security Company convinced the jury otherwise. After hearing evidence from both sides, a jury of twelve issued Ms Thomas with a unanimously guilty verdict. They then spent five hours deliberating a suitable fine, before settling on $222,000 - $9,250 for each of the 24 tracks focused on in the trial.

The Recording Industry Association of America and the record companies involved in this case were pleased with the outcome. “This does send a message,” said Richard Gabriel, chief lawyer for the record companies, “…downloading and distributing our recordings is not OK.” Perhaps unsurprisingly, Thomas and her lawyer chose not to comment on the result of the case.

Although record companies and the RIAA believe this case to be a moral victory, critics think otherwise. It is believed the fine will go unpaid, as Thomas is thought to face bankruptcy. Therefore, the record companies affected by this case will see no financial gain from the proceedings. In fact, the only compensation they look set to see is the thrill of watching a single mother of two sink into financial ruin.

Sources:

Guardian

The Times