Jammie Thomas Rasset
Capitol v. Jammie Thomas-Rasset: Awaiting the verdict Having heard closing arguments and been instructed on the law by Judge Michael Davis, the jury in the record labels' copyright suit against accused peer-to-peer infringer Jammie Thomas-Rasset was sent off to deliberate this morning at 11am CDT. Burdened with 24 jury instructions and a 22-page special verdict form, it's unrealistic to think that the jury would be able to complete their task before mid-afternoon at the earliest. Unanimity among the 12 jurors is required for a verdict. In his closing argument, an impassioned and even a bit angry Joe Sibley virtually conceded that Thomas-Rasset's computer was used to infringe more than 1,700 of the plaintiffs' copyrights via the Kazaa peer-to-peer network. But, said the defense attorney, of Houston's Camara & Sibley, the evidence at best only points to Thomas-Rasset's computer -- not to Thomas-Rasset herself. \"The only evidence they have is that [her] computer did it,\" said Sibley. Concluding that Thomas-Rasset was the one who actually used Kazaa requires \"a $3.6 million leap of faith,\" said Sibley, reaching that figure by multiplying the maximum permissible statutory damages of $150,000 per work by the 24 songs on which the labels are proceeding. Among Sibley's other main points: * Thomas-Rasset doesn't steal music; she buys CDs. * Thomas-Rasset's ex-boyfriend Justin Gervais or her then 8 and 10-year-old sons were the likeliest culprits. * Other family members used the \"tereastarr\" user ID. * Plaintiffs' argument about the date of the hard-drive swap is a \"nitpick.\" Thomas-Rasset's original testimony that she had the hard drive replaced in 2004 was an honest mistake, not an effort to cover up her infringement. * If the labels can sue Thomas-Rasset, they can sue any of you (the jury). \"This could happen to any of us.\" * The labels have pursued the case relentlessly, like \"the Terminator.\" \"She has suffered enough.\" * The labels are trying to \"ruin\" the lives of Thomas-Rasset and her family; \"Do not sentence her to a life of indebtedness.\" Sibley's presentation lasted about 20 minutes. Next up was Timothy Reynolds for the plaintiffs. Mild-mannered and methodical, Reynolds hammered home the points that the forsensic evidence of infringement on her computer was virtually uncontested, and that Thomas-Rasset's attempt to divert blame to her ex-boyfriend and kids was a desperate, last-minute ploy inconsistent with both her previous testimony and the facts. The ex-and-kids-did-it defense was \"raised for the first time yesterday,\" said Reynolds, a partner at Holme, Robert & Owen in Boulder, Colorado. Thomas-Rasset's defense is based on \"misdirection, accusation, and a brand new possibility,\" said Reynolds. \"All fingers and all evidence point directly at Jammie Thomas.\" Other points: * Ownership of the copyrights was uncontested. * The conclusions of MediaSentry and Charter Communications witnesses, as well as plaintiffs' expert Dr. Douglas Jacobson, were essentially uncontested. * Thomas-Rasset \"controlled the computer; she was the administrator.\" * Thomas-Rasset testfied she had \"never seen Mr. Gervais listen to music on her computer, not one time, ever.\" * The music in the \"tereastarr\" Kazaa shared folder included music she herself liked, including such non-mainstream acts at Lacuna Coil, Dream Theater, and Disturbed. * Rasset-Thomas was no stranger to p2p; she had written a report about Napster while in college. Her testimony that she had never heard of Kazaa until this lawsuit thus lacks credibility. \"This defendant knows about file-sharing. She knows that file-sharing is illegal.\" * Thomas-Rasset's story about the \"2004\" hard-drive swap was no innocent mistake. Her ruse was only exposed when her expert \"ratted her out\" after he saw a sticker on the hard drive indicating that it was manufactured in January 2005. * Plaintiffs are not asking for $3.6 million; \"My clients have never demanded $3.6 million.\" Reynolds did not ask the jury to award a specific amount: \"How much in damages is for you to decide. We leave this in your good hands.\" * \"Online copyright infringement has significant and real impact on the music industry and everyone in it.\" * \"The need for deterrence here is great.\"
Jammie Thomas Rasset
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