Jammie Thomas will appeal, lawyer says | Digital Media - CNET News - The Diigo Meta page

• 04 Jul 09
  

  Patrick O'Keefe
  • "She's not interested in settling," attorney Joe Sibley said in a brief phone interview. "She wants to take the issue up on appeal on the constitutionality of the damages. That's one of the main arguments--that the damages are disproportionate to any actual harm."
  • The Recording Industry Association of America said on Monday that it had made a phone call to Sibley and law partner Kiwi Camara last week to ask whether Thomas-Rasset wanted to discuss a settlement. An RIAA representative said that its lawyers were told by Sibley that Thomas-Rasset wasn't interested in discussing any deal that required her to admit guilt or pay any money.
  • 3 more annotations...
  • • "The defendant can, of course, exercise her legal rights," said Jonathan Lamy, an RIAA spokesman. "But what's increasingly clear, now more than ever, is that she is the one responsible for needlessly prolonging this case and refusing to accept any responsibility for the illegal activity that two juries decisively found her liable for. From day one, we've been fair and reasonable in exercising our rights and attempting to resolve this case."
    • Sibley told CNET News that when RIAA lawyers called a couple of days after the second trial to gauge Thomas-Rasset's interest in settling, they didn't throw out any dollar figures. He did say that following Thomas-Rasset's first trial, the trade group offered to settle for $25,000.
    • "They have an uphill battle," said Ben Sheffner, a former attorney at 20th Century Fox and a rising star on the pro-copyright side. Sibley and Camara "are asking the court to do something no federal court has ever done before. However, this is a good test case. You have a non-wealthy defendant and you have a huge damages award."
• 02 Jul 09
  

  Jonathan Bailey

  118 thomas appeal riaa

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