Jammie Thomas, the martyr of dowloaded music
by Elizabeth Blair York | October 9th, 2007Although the laws did not address the concept of file sharing when it became technologically possible, record companies quickly took note of the millions of song files that began to be digitally shared.
The (Recording Industry Association of America) RIAA , a group that represents record companies (not the artists) was made their voice in the fight to control the tsunami. And US Courtrooms became the battleground.
It was a war to be fought with deep pockets and a single vision - to aggressively attack downloaders until the world was scared away from the practice.
It was only a matter of time until the fight created martyrs. And it appears that it has happened with the very first of these cases to go to trial.
Jammie Thomas, a Minnesotan and single mother, was found guilty of making music available to download on the peer-sharing site KaZaA. The RIAA lawyers made the case that it doesn’t matter if anyone actually downloaded the music - she violated their exclusive right by offering it for downloading on her computer.
This argument won the day with a jury. They found Ms. Thomas liable for 24 songs and ordered her be fined $220,000.
The legal grounds of this case set a precedent that has many infuriated and willing to join the fight.
The civil concept of ‘intent’ is a legal gray area that rings a lot of civil liberties bells. When the jury found that the RIAA did NOT have to prove any actual theft, just that Ms. Thomas, by sharing songs, had intent to do so, it became the verdict hear ’round the world.
However, even more have rallied simply because of who the defendant is.
Ms. Thomas is a young, rural mom making about $36,000 a year and trying to get by. Just hiring lawyers to fight the RIAA would have bankrupted her, much less the $220,000 judgement. (A website, Free Jammie, has been set up to assist her with legal costs and fines.)
This has continued the tren RIAA seems to have of picking targets that outrage and further their image as corporate Darth Vaders.
In 2003, they filed suit against a 12 year-old girl for sharing music.
Tags:downloaders, downloading songs, jammie, kazaa, napster, peer sharing, recording industry association, record companies riaa