Pitchfork

$9,250 per song. According to the New York Times, that is how much Brainerd, Minnesota's Jammie Thomas will have to shell out for each of the 24 disputed tracks she reportedly shared on the Kazaa network. This is due to a decision made by a federal jury in a Duluth, Minnesota court yesterday, ruling in the favor of lead plaintiff Capitol Records, along with Universal Music Group, Sony BMG, and Warner Music Group.

Thomas is the first person in the United States to be convicted of music sharing copyright infringement in a jury trial, and the decision sets a startling new legal precedent and serves as a major symbolic victory for the RIAA.

Thomas' case is particularly interesting, as she was convicted of having copyrighted material in her Kazaa shared folder, but not necessarily sharing them herself. The Times reports, "Earlier, the judge in the case, Michael J. Davis of Federal District Court, ruled that for jurors to find her liable, the record labels did not have to prove that songs on Ms. Thomas's computer had actually been transmitted to others online. Rather, the act of making them available could be viewed as infringement."

In the last four years, the labels have brought around 30,000 lawsuits against file sharers, but Thomas is the first to be found guilty in a jury trial. Most opt for a settlement, with an average payout in the $4,000 range. The Times points out that "the verdict is likely to reinforce the notion that computer users who do become targets of lawsuits-- a small fraction of the population using file-swapping networks-- are better off settling." Thomas maintained her innocence throughout the proceedings, claiming she'd never even had a Kazaa account, but evidence was presented that she had replaced her hard drive in order to eradicate the files.

According to the Chicago Tribune, Thomas shared files by such artists as AFI, Aerosmith, Green Day, Journey, and Guns n' Roses. Thankfully, now these struggling entertainers will be able to feed their families.

In other RIAA news, they recently sent a back-to-school present to 22 U.S. universities in the form of 403 "pre-litigation settlement letters," which, with this new decision, just became a lot more serious. Be careful out there, folks.

For more about the RIAA and how it operates, read J.T. Ramsay's 2006 feature "Live at the Witch Trials".