It’s official: Jammie Thomas-Rasset intends to appeal her case, one of her lawyers told CNET News on Wednesday.
“She’s not interested in settling,” attorney Joe Sibley said in a brief phone interview. “She wants to take the issue up on appeal on the constitutionality of the damages. That’s one of the main arguments–that the damages are disproportionate to any actual harm.”
Thomas-Rasset’s case has already helped set a series of important legal precedents, including establishing that it is sufficient to show that defendants placed files in their P2P shared folder to prove they intended to make the music available across the network. With the case going to the appeals process, there’s a good chance it will continue establishing legal parameters.
“They have an uphill battle,” said Ben Sheffner, a former attorney at 20th Century Fox and a rising star on the pro-copyright side. Sibley and Camara “are asking the court to do something no federal court has ever done before. However, this is a good test case. You have a non-wealthy defendant and you have a huge damages award.”
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