A Case That Helps The Fight Against Illegal Downloading

Law360, New York (November 9, 2012, 11:40 AM EST) -- Addressing the issue of the Constitution's due process clause’s interaction with statutory damages under the Copyright Act, the U.S. Court of Appeals for the Eighth Circuit ordered a private music downloader to pay $9,250 per downloaded song for a total of $222,000 in statutory damages. Capitol Records Inc. et al., v. Thomas-Rasset, Case Nos. 11-2820, 11-2858 (Eighth Cir. Sept. 11, 2012) (Colloton, J.).

In 2005, six recording companies undertook an investigation of suspected infringement of their copywritten music. The recording studios identified Thomas-Rasset as an unauthorized...
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