Jammie Thomas's attorney says $222,000 award is unconstitutional

Posted by Mark Raby

Duluth (MN) - The single mother ordered to pay nearly a quarter of a million dollars for sharing 24 songs is continuing her legal battle, asking the legal system to reconsider the verdict.

Jammie Thomas became the guinea pig for a legal battle that has been riddled with questions, as the first person in the US to go to trial over illegally sharing music files.  Despite a seeming lack of evidence and even some confusion with the judge, a jury ordered her to pay $222,000 to the Recording Industry Association of America.

Thomas's attorney Brian Toder is continuing to fight, though, and this week filed a motion to have a new trial to determine if the large verdict is unconstitutional.  Toder argued that the RIAA's actual damages were less than $151.20.  After all, those same 24 songs only have a face value of around $24.

Ever since the case went to trial, Thomas became something of a celebrity, making headlines around the world and netting her her own Wikipedia entry.  Thomas has set up a website, FreeJammie.com, for people to make donations.  As of October 13, she reported her total donations to be nearly $14,000.

The RIAA, meanwhile, has no sympathy for Thomas.  The trade group said, "We seek to resolve this case in a fair and reasonable manner.  It is unfortunate that the defendant continues to avoid responsibility for her actions. We will continue to defend our rights."