Jammie Thomas has filed a notice of appeal to the Capitol Records v. Jammie Thomas verdict based on the premise that the statutory damages awarded were excessively large and constitute punitive damages. Thomas would like to have a new trial or to have the damages to be adjusted to $151.20 from $222,000.
Here's an excerpt from the motion reported in "Appeal in RIAA Case to Focus on 'Unconstitutionally Excessive' Punishment":
"In the instant matter, defendant Thomas urges the Court to consider the statutory damages to be tantamount to an award of punitive damages, since it is based not upon plaintiffs' losses, but rather defendant's conduct," concludes the motion. "Whether the Court recognizes actual damages of zero dollars, $20 or whatever figure plaintiffs suggest is a fair measure of their actual damages for the 24 subject recordings, the ratio of actual damages to the award is not only astronomical, it is offensive to our Constitution and offensive generally."
Further coverage of the motion is available in "RIAA Says Thomas Shirking $222,000 Payoff" and "RIAA's $222,000 Defendant Asks for a New Trial."
Here's further commentary on the verdict:
- "Cornered Record Labels Turn Vicious—But to What Effect?"
- "Piracy Jury Not Chosen Fairly"
- "RIAA File-Sharing Verdict Delays Day of Reckoning on Downloading"
- "Rights and Wrongs in the Antipiracy Struggle"
