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Originally Posted by HarryT
Thomas was offered an out-of-court settlement; it was entirely her choice to go to trial, don't forget.
She was not "sharing" two dozen songs but 1,702. The 24 used in the court case were merely a representative sample.
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24 is what the conviction is for; 24 is supposedly what the penalties are for. And they're supposed to be for *her* actions; they're not allowed to be "send a message to other people" damages. (Which is, I gather, part of what the challenge will be based on.)
Even at 1700 songs, I'm not seeing two million dollars in damages. If it stands, the RIAA gets what? A bankruptcy notification? Certainly it'll never get paid.
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She really was amazingly stupid - eg, claiming that someone might have hijacked her WiFi network when, in fact, she didn't actually have WiFi, and making a clumsy attempt to hide the evidence by changing the hard disk in her PC before submitting it for examination.
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Stupid I'll grant. But we don't have statutory penalties for stupid. (Well, at least not specifically and directly.)