File Sharind and Piracy

“File Sharing and Piracy”

I chose piracy and file sharing because it impacts everyone that has ever downloaded a song to their computer, smart phone or music player. File sharing is used to download other peoples stored music files all around the world. The legal relevance is because recording artists and their labels stand to lose large amounts of money, so the issue of copyright infringement arises. Piracy issues implicate both criminal and civil law.

For example, Jammie Thomas-Rasset from Brainerd, Minnesota is a mother of four who allegedly shared over 1,700 files using the popular Kazaa file sharing software. After receiving a cease and desist letter with a settlement offer from the Recording Industry Association of America, Rasset refused to settle and she made history by being the first person accused of online copyright infringement and to have been tried before a jury.

In the first trial and after 5 minutes of deliberation the jury awarded the RIAA $222,000 in damages, finding that Rasset was liable for infringing on 24 of the RIAA’s copyrights. Judge Davis vacated the award because of faulty jury instructions and ordered a retrial of Rasset’s case.

In the second trial, and after five hours of deliberation, the jury returned a verdict against Rasset for $1.92 million. The judge then ordered a remitter reducing the jury’s verdict to $2,200 per song for a total of $54,000. Judge Davis described this amount as “significant and harsh” but no longer “monstrous and shocking.” Rasset was again offered a settlement by the RIAA and refused, so the judge ordered a 3rd trial to determine damages.

In her third trial, the jury found Rasset liable to the RIAA for $1.5 million in damages which averages out to $62,500 per song. She then requested a reduction in damages on the grounds that the award represents an unconstitutional amount and it violates her due process rights.