The third trial of Jammie Thomas-Rasset, whom two separate juries have found liable for using the KazAa peer-to-peer network to download and "share" music, has been set for October 4, 2010, in Minneapolis. Per Judge Michael Davis' January 22 order, the third trial will concern only damages; the fact of Thomas-Rasset's willful infringement of 24 of the major labels' songs has already been established.
Jammie Thomas-Rasset Trial Notice
As I've pointed out, there remain many questions about just what the third trial will look like, including whether the parties will be able to add additional witnesses on damages, and whether the court will instruct the jury that the maximum allowable award in the case is $2,250 per work, which Judge Davis found "constitutes the maximum amount a jury could reasonably award to both compensate Plaintiffs and address the deterrence aspect of the Copyright Act." Judge Davis reduced the second jury's award of $80,000 per work -- a total of $1.92 million -- under the common law doctrine of remittitur, finding that the verdict was "monstrous and shocking." The first jury awarded $9,250 per work, totaling $222,000, but that verdict was thrown out on grounds unrelated to the size of the award.
In January of this year, the labels offered to settle the case for $25,000, to be donated to a music charity, but Thomas-Rasset declined the offer; her attorney said, "Jammie will not accept anything offer that requires her to pay money to or on behalf of the Plaintiffs."