You might not know his name, but if you’ve ever resorted to questionable means to acquire music, Michael J. Davis struck a blow for you last month.
Davis, the chief judge of the U.S. District Court for the District of Minnesota, ordered a massive reduction to the $1.92 million in damages awarded to the Recording Industry Association of America in its case against Jammie Thomas-Rasset. The reduced fine is now $54,000.
The RIAA originally brought Thomas to trial in 2007, focusing on 24 of more than 1,700 songs she was charged with offering over the file-sharing service Kazaa in 2005.
Davis’ written opinion is available through Scribd.com. It gives an interesting insight into the case, which could set a precedent by establishing a reasonable limit to fines for noncommercial sharing.
In his written opinion, Davis said “the need for deterrence cannot justify a $2 million verdict for stealing and illegally distributing … for the sole purpose of obtaining free music.” The new reduced damages, “(do) not veer into the realm of gross injustice,” he said.
According to a Jan. 27 CNET article, after the reduction to the damages, the RIAA offered Thomas a settlement of a $25,000 fine, if she would request that Davis vacate his decision. That would remove it from the record, thus erasing the precedent as well.
She has so far refused.
I heartily agree with both Davis’ reduction and his assertion that there is a continued need for deterrence. If Thomas-Rasset did share files illegally, she should pay for damages, but the fine shouldn’t be, as Davis wrote, “monstrous and shocking.”
While $54,000 is hardly pocket change at $2,250 per song, it’s significantly less ridiculous than $80,000 per song.
Even with the reduction, it’s odd to still see cases cropping up for noncommercial file sharing.
Many (independent) artists I’ve interviewed, like How I Became the Bomb, Pretty Lights and Alex B, have said they would rather fans download their music for free (or by a pay-what-it’s-worth model), enjoy it and pay to come to the show than charge for it and reach a narrower audience.
I’m with them. That’s the wave of the future. In the meantime, I’m glad people like Davis are willing to fight for reasonable justice against monolithic groups like the RIAA.
In a way, Davis is kind of a superhero.