RIAA Calls Another Critic Vexatious After She Points Out Flaw In RIAA Logic
from the time-to-get-a-thesaurus dept
The RIAA initially pushed back on this, but eventually relented and let the judge set a $7,400 total fine, thinking that the case was pretty much wrapped up. Except... there's the problem of the Jammie Thomas mistrial ruling, which added to a long list of rulings that claimed that "making available" files wasn't necessarily infringement. So, the woman in this case, Whitney Harper, is now pointing out that the number of files she's "guilty" of infringing should be reduced based on the Thomas ruling. She notes that while she made 37 songs available for download (hence the $7,400 fine), the RIAA only has evidence that six songs were downloaded. Thus, she believes the fine should be reduced to $1,200, and would like a jury to hear the case. You can understand why the RIAA might be frustrated, but considering how quickly it rushes out to tell other judges in ongoing cases whenever one judge rules in its favor, it seems only reasonable to have a court reconsider this case in light of the Thomas ruling.