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Capitol Records, Inc. v. Thomas-Rasset
''Capitol Records, Inc. v. Thomas-Rasset'' (previously named ''Virgin Records America, Inc v. Thomas-Rasset'') was the first file-sharing copyright infringement lawsuit in the United States brought by major record labels to be tried before a jury. After declining a settlement offer of $5,000, the defendant, Jammie Thomas-Rasset, was found liable in a 2007 trial for infringing copyright on 24 songs and ordered to pay $222,000 in statutory damages. The court later granted her motion for a new trial because of an error in its jury instructions. In a second trial in 2009, before which she again declined a settlement offer (this time for $25,000) a jury again found against Thomas-Rasset, awarding $1,920,000 in statutory damages, a sum that was later reduced to $54,000.〔 The record labels refused to accept the reduced award, so a third trial solely to determine damages was held in November 2010, resulting in a jury award of $1.5 million against Thomas-Rasset. In July 2011, the court again reduced the $1.5 million jury award to $54,000, or $2,250 per song. The record labels appealed this decision.〔(【引用サイトリンク】format= PDF )〕 On September 11, 2012, the Eighth Circuit Court of Appeals reversed the District Court's reduction of the award, and reinstated the award of $220,000, which was the amount awarded by the jury in the first trial.〔
==Background==
Jammie Thomas (born 1977), now Jammie Thomas-Rasset, is a Native American mother of four from Brainerd, Minnesota, and worked as a natural resources coordinator for the Mille Lacs Band of Ojibwe Indians.
The RIAA sent Thomas a cease-and-desist letter and settlement offer in August 2005. Thomas declined the settlement offer. On April 19, 2006, several major record labels sued Thomas for copyright infringement by unauthorized downloading and sharing of 24 sound recordings on Kazaa under the username "TEREASTARR@KaZaA". The labels' complaint alleged that Thomas infringed copyright on February 21, 2005, downloading and distributing songs by such bands as Aerosmith, Green Day, and Guns N' Roses. Rather than seeking actual damages, the plaintiffs sought relief via statutory damages, assessed in accordance with (17 USC 92 § 504(c)(2) ).
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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