RIAA Defendant Goes For Retrial
Jammie Thomas took the next step in her legal battle with RIAA. Her lawyer filed a motion for a retrial on the grounds that the penalty issued is unconstitutional.
October 17, 2007
The new strategy of the defense revolves around the actual value of the songs, which can go to a maximum of $150, or .06% of the awarded sum. In the mean time, the Eighth Amendment to the Constitution prohibits courts from imposing excessive fines, and that's exactly what the defendant's lawyer will try to convince the court of
It's interesting to note that Thomas decided to give up the former line of defense. By doing this, she actually admits she was guilty of having shared the songs on the Kazaa file-sharing network.
Jammie Thomas' was convicted back in early October, at the end of trail that only lasted a couple of days.