According to the filing, the $222,000 penalty that Thomas must pay RIAA as damages is way too excessive. According to the verdict of the court, the defendant is to pay $9,250 for each of 24 shared songs mentioned in the lawsuit.

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.