San Francisco (CA) - An attorney representing Jammie Thomas-Rasset has demanded a retrial after his client was fined $1.92 million for illegally sharing copyrighted music.
"The plaintiffs [RIAA] did not even attempt to offer evidence of their actual injuries, seeking, instead, an award of statutory damages entirely for purposes of punishment and deterrence," Kiwi Camara wrote in a legal document obtained by the Associated Press. According to Camara, the $1.92 million figure "shocks the conscience and must be set aside."
Camara also noted that civil penalties should pertain to a defendant's own conduct and the damages caused to the plaintiffs. However, Camara alleged that the damages were awarded due to "the widespread and generalized problem of illegal music downloading."
Meanwhile, the RIAA continued its legal crusade against Thomas-Rasset by filing a new motion to prevent the Minnesota woman from downloading music, sharing music files and distributing songs.
"The extent of the viral, or exponential, infringement set in motion by Defendant is literally incalculable," claimed RIAA Attorney Timothy Reynolds. "Absent an injunction, there is nothing to stop Defendant from downloading and distributing more of Plaintiffs' copyrighted sound recordings through an online media distribution system."
As TG Daily previously reported, Thomas-Rasset has described herself as a "mom of limited means," with little or no way of paying off the RIAA.
"I have no means of paying the fine. There's no way they're ever going to get that," Thomas-Rasset told reporters. "I'm a mom, limited means, so I'm not going to worry about it now. The only thing I can say is good luck trying to get it, because you can't get blood out of a turnip."