Music industry faces off with US file-sharer

Ap
Tuesday 16 June 2009 11:14 BST
Comments

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

The Minnesota woman who became the only music file-sharing defendant so far to go to trial in the US is getting a replay two years after losing the case.

Jammie Thomas-Rasset, a 32-year-old mother of four and self-described "huge music fan," will be armed with aggressive new lawyers when her retrial begins in federal court.

The lawsuit is among the last vestiges of an anti-piracy campaign that the recording industry ultimately dropped amid widespread criticism.

The Recording Industry Association of America said in December it had stopped filing lawsuits like these and would work instead with internet service providers to cut access to those it deems illegal file-sharers. But the recording industry plans to proceed with cases that are already filed.

Thomas-Rasset is the rare defendant who has fought back.

Music companies have filed more than 30,000 similar copyright lawsuits in recent years against people they accused of illegally swapping songs through internet file-sharing services such as Kazaa. None of the others has made it to trial yet.

Faced with huge legal bills, most settled for an average of about $3,500, even if they insisted they had done nothing wrong. Thomas-Rasset's new lawyer, K.A.D. Camara, notes the settlements add up to more than $100 million; the RIAA contends its legal costs exceeded the settlement money it brought in.

The lawsuits have turned into a public relations nightmare for the recording industry, putting music companies in the position of going after their most ardent fans. Blogs and media reports have highlighted heavy-handed tactics against several improbable targets.

In 2006, for example, the industry dropped a lawsuit against Tanya Andersen, a disabled single mother in Oregon. Andersen said she had been misidentified and never downloaded the music she was accused of stealing. Industry representatives allegedly threatened to question her 10-year-old daughter if she didn't pay up.

And in 2007, the companies backed off their attempt to sue an elderly Texas grandmother, Rhonda Crain, who had been displaced by Hurricane Rita in 2005 and said she never downloaded music. They settled for no money, just her agreement not to download any music illegally.

Camara said he hoped to turn Thomas-Rasset's retrial into a trial against the RIAA, both before the jury and in the court of public opinion. A win by the defence, he said, could undermine the other music-sharing cases.

"What you'll see in Minneapolis will be the first battle in what we think will be a successful campaign against the recording industry," Camara said.

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in