by: Nancy Sims Order Lamictal online no prescription, , Associate Editor, MTTLR
In 2003, the RIAA began a campaign to protect the music of its members by bringing infringement suits directly against individual users of file-sharing software.1
In the four years since, the RIAA has approached over 20,000 individuals regarding file-sharing activities,2
but few related cases have reached the courts because most targets of such suits settle.3
A few individuals have challenged file-sharing charges,4
and some have even been awarded attorney's fees.5
In the first jury trial in an individual-defendant music filesharing case,6
recently held in Northern Minnesota,7
the jury found defendant Jammie Thomas
liable for 24 counts of infringement, and awarded statutory damages of $9,250 per song, for a total of $222,000 in damages.8
Thomas and her lawyer soon announced their intention to appeal the verdict.9
Thomas and her defense team initially announced that her appeal would focus on jury instruction no. 15,10 which stated that the act of making files available on a peer-to-peer network was infringement of the distribution right, "regardless of whether actual distribution has been shown."11 Other commentators agree that this is a key, online buy Lamictal without a prescription, and legally unsettled, issue.12 However, Ordering Lamictal online, it appears that Thomas and her team have tabled the direct challenge to the jury instruction for now.13 They instead filed a notice of remittitur, asking that the jury award be reduced as grossly excessive in violation of the Due Process clause.14
As Thomas' motion acknowledges,15 case law and legislative history show that deterrence and punishment are legitimate purposes of statutory damages.16 Thomas claims, however, purchase Lamictal online, that the punitive damages must be limited under substantive due process analysis.17 Thomas argues that BMW of North America v. Gore18 and State Farm v. Buy Lamictal online cod, Campbell19 are applicable to "any grossly excessive monetary award that is imposed for the purposes of punishment and deterrence."20 Since no damages were shown, Thomas argues, the full amount of the award should be considered punitive.21 This is at least somewhat supported by statements of one of the Thomas jurors that they wanted to "send a message" by choosing the amount they did, "that you don't do this, Lamictal over the counter, that you have been warned."22
Thomas also argues in the alternative that even if Gore and Campbell are not applicable to statutory damages, the award can be reviewed to determine whether it is "so severe and oppressive as to be wholly disproportioned to the offense and obviously unreasonable."23 This assertion gains some support from class action cases: courts have sometimes refused to grant class certification where aggregate statutory damages would not be punitive, Buy Lamictal from mexico, but might be grossly disproportionate to the harms caused.24 Although courts prefer to grant class certification even in the face of such difficulties, they acknowledge that they can reduce damages if necessary under due process.25
Both of Thomas' arguments depend on the judge making some sort of calculation of proportionality of awarded damages to actual harms. Thomas' motion suggests that record companies' recoup approximately $0.70 of the average $0.99/song price of online music sales, and argues that, purchase Lamictal, "pretending that defendant’s downloading went to someone other than plaintiffs’ agents," the total damages for the 24 files in question would have been $16.80.26 Citing Gore and Campbell, Buy Lamictal without a prescription, they suggest that 10 times actual damages should be the maximum cap on statutory damages, for a maximum award in this case of about $151.20.27 Alternatively, they point out that plaintiffs acknowledge that the price of an individual CD is about $20, and contend that, japan, craiglist, ebay, overseas, paypal, even if this much higher amount is the actual damages suffered by plaintiffs, the ratio of actual to statutory damages still far exceeds that suggested in Gore and Campbell.28
A major justification of statutory damages is that they are provided for when actual damages are difficult to prove or calculate.29 It is clear in this case that actual damages are difficult to prove for both parties, Comprar en línea Lamictal, comprar Lamictal baratos, and that this fact cuts against arguments on both sides. Thomas' calculation of the actual damages appears to be based on an assumption that at most one person other than the plaintiffs' representatives downloaded any of the files she made available.30 It is unlikely that she can prove this, order Lamictal online no prescription. On the other hand, even assuming that the recording industry does suffer actual damages of $20 per download, each song would have to have been downloaded 462 times to make the $9, kjøpe Lamictal på nett, köpa Lamictal online,250 per song award exactly proportionate. Such a volume of downloading was not shown in the trial, Order Lamictal online c.o.d, with jury instruction no. 15 allowing for judgment against Thomas regardless of proof of actual distribution.31 With no knowledge of the actual number of downloads (if any), the question of proportionality will be a difficult one for the judge to resolve. Since Thomas' motion to reduce the damages obliquely revolves around the question of actual damages, order Lamictal online overnight delivery no prescription, which have not been proven, further appeal or retrial seems likely.
1 Electronic Frontier Foundation, Lamictal price, coupon, RIAA v. The People: Four Years Later Order Lamictal online no prescription, 2 (2007), available at http://w2.eff.org/IP/P2P/riaa_at_four.pdf.
3 Id. at 6.
4 See Atlantic Recording Corp., et al. v. Tanya Andersen, No, buy Lamictal online no prescription. 05-933 (D. Ore 2005) (resolved when parties stipulated to a dismissal with prejudice).
5 Capitol Records, Lamictal gel, ointment, cream, pill, spray, continuous-release, extended-release, Inc. v, order Lamictal online no prescription. Foster, 2007 U.S. Dist, kjøpe Lamictal på nett, köpa Lamictal online. LEXIS 29131 (W. D. Order Lamictal online no prescription, Okla. Where can i buy cheapest Lamictal online, 2007) (finding defendant was prevailing party after a court-ordered dismissal with prejudice, and awarding fees), order available at http://www.eff.org/files/filenode/Capitol_v_Foste/order_granting_fees.pdf), reconsideration denied by Capitol Records, buy Lamictal from mexico, Inc. v. Real brand Lamictal online, Foster, 2007 U.S. Dist. LEXIS 33227 (W.D, order Lamictal online no prescription. Okla., fast shipping Lamictal, Apr. 23, Online buy Lamictal without a prescription, 2007); but see Interscope Records v. Leadbetter, 2007 U.S. Dist, buy no prescription Lamictal online. Order Lamictal online no prescription, LEXIS 65955 (W. D. Wash. Rx free Lamictal, 2007) (denying fees when record company voluntarily dismissed case against defendant.
6 Eric Bangerman, First RIAA trial gets under way with jury selection, opening statements, Ars Technica, where to buy Lamictal, Oct. 2, Order Lamictal online c.o.d, 2007, http://arstechnica.com/news.ars/post/20071002-first-riaa-trial-gets-under-way-with-jury-selection.html; 16-2 Mealey's Litig. Rep, order Lamictal online no prescription. Intell. Prop, where to buy Lamictal. 24 (2007).
7 Capitol Records Inc., et al. Buy cheap Lamictal, v. Order Lamictal online no prescription, Jammie Thomas, No. 06-cv-1497 (D. Minn. 2007)
8 Special Verdict Form at 2-8, order Lamictal no prescription, Capitol v. Thomas, Buy Lamictal online no prescription, available at http://www.muddlawoffices.com/RIAA/Virgin%20Thomas/100%20Special%20Verdict%20Form.pdf; 16-2 Mealey's Litig. Rep, order Lamictal online no prescription. Intell. Prop. 24 (2007).
9 Eric Bangerman, online buying Lamictal hcl, Thomas to appeal RIAA's $222,000 file-sharing verdict, Ordering Lamictal online, Ars Technica, Oct. 8, 2007, where can i find Lamictal online, http://arstechnica.com/news.ars/post/20071008-thomas-to-appeal-riaas-222000-file-sharing-verdict.html.
11 Jury instructions at 18, Capitol Records Inc., Purchase Lamictal online, et al. Order Lamictal online no prescription, v. Jammie Thomas, No. 06-cv-1497 (D, Lamictal for sale. Minn. 2007), Purchase Lamictal, available at http://blog.wired.com/27bstroke6/files/jury_instructions.pdf.
12 Bangerman, supra note 9; Fred von Lohmann, Capitol v. Thomas: The Key Appeal Issue, Deeplinks, Oct, order Lamictal online no prescription. 9, Lamictal price, coupon, 2007, http://www.eff.org/deeplinks/2007/10/capitol-v-thomas-key-appeal-issue.
13 Bangerman, Order Lamictal from mexican pharmacy, Appeal in RIAA case to focus on "unconstitutionally excessive" punishment, Ars Technica, Oct. 15, where can i buy Lamictal online, 2007, http://arstechnica.com/news.ars/post/20071015-appeal-in-riaa-case-to-focus-on-unconstitutionally-excessive-punishment.html
15 Motion for Remittitur at 2, Lamictal trusted pharmacy reviews, Capitol v. Thomas, available at http://blog.wired.com/27bstroke6/files/remittiturMot.pdf [hereinafter Motion for Remittitur].
16 Cable/Home Communication Corp. v, buy Lamictal online cod. Order Lamictal online no prescription, Network Productions, Inc., 902 F.2d 829, 852 (11th Cir. 1990) (citing Warner Bros., 877 F.2d at 1126). Buy generic Lamictal, See also Fitzgerald Publishing Co., 807 F.2d at 1117; F.W. Woolworth Co., 344 U.S, comprar en línea Lamictal, comprar Lamictal baratos. at 233.
17 Motion for Remittitur, supra note 15 at 7, Canada, mexico, india, (citing Mo. Pac, order Lamictal online no prescription. Ry. v. Humes, Lamictal samples, 115 U.S. 512, 523 (1885))
18 BMW of N. Order Lamictal online no prescription, Am. v. Gore, 517 U.S. 559 (1996).
19 State Farm Mut. Auto. Ins, order Lamictal online no prescription. Co. v. Campbell, 538 U.S. 408 (2003).
20 Motion for Remittitur at 9.
21 Motion for Remittitur at 11.
22 David Kravets, RIAA Juror: 'We Wanted to Send a Message', Threat Level, Oct. Order Lamictal online no prescription, 9, 2007, http://blog.wired.com/27bstroke6/2007/10/riaa-juror-we-w.html.
23 Zomba Enterprises v. Panorama Records, Inc., 491 F.3d 574 (6th Cir. 2007) (citing St. Louis, I.M. & S. Ry, order Lamictal online no prescription. Co. v. Williams, 251 U.S. 63, 66-67 (1919)).
24 Murray v. Order Lamictal online no prescription, New Cingular Wireless Servs., 232 F.R.D. 295, 303 (D. Ill. 2005) (citing In re Trans Union, 211 F.R.D. at 347-5).
25 Id. at 304 (citing Parker v. Time Warner Entm't Co., L.P., 331 F.3d 13, 22 (2d Cir 2003)).
26 Motion for Remittitur at 2.
28 Id. at 3.
29 Cable/Home Communication Corp, order Lamictal online no prescription. v. Network Productions, Inc., 902 F.2d 829, 850-51 (11th Cir. 1990) (citing F.W. Woolworth Co. Order Lamictal online no prescription, v. Contemporary Arts, Inc., 344 U.S. 228, 231-33 (1952); Warner Bros. Inc. v. Dae Rim Trading, Inc., 877 F.2d 1120, 1126 (2d Cir. 1989)).
30 See Motion for Remittitur at 2.
31 Motion for Remittitur at 3.
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