File Sharing Case Likely to Go to Third Trial

The latest twists and turns in the Jammie Thomas-Rasset file sharing case indicate that a third trial is on the horizon.  When we last left the parties, the judge in the case lowered damages from the jury award of $1.92 million to $54,000.  The judge said the award, while within the statutory guidelines, went well beyond the conduct charged.  How well that outcome would have sat with the 8th Circuit on appeal is another matter. 

Any precedent that would reduce the awards would not sit well with the RIAA, as it would affect future strategies for compelling file sharers to pony up large damage awards.  So they offered to settle for $25,000.  No dice said Thomas-Rasset.  Note that the first two trials found Thomas-Rasset liable and a third one is not likely to alter that result. 

If I were the judge,  I'd let it go to trial, let the jury set whatever damages they set and let it go on up the judicial ladder.  I would expect liability to be a loser on appeal.  The amount of damages may seem disproportionate, but it offers the RIAA the opportunity to get a precedent saying large damage sums within statutory guidelines are fine as much as it offers the defendants the opposite result.  Even Google and the publishers weren't so willing to play chicken with each other over book scanning.  File this one under "Be careful what you ask for."  More from Ars Technica.  [MG]