Thomas judge bars Fair Use defense, OKs MediaSentry evidence: Via Law & Disorder Section - Ars Technica.

Jammie Thomas-Rasset's attempt to bar all MediaSentry evidence from her copyright infringement retrial next week has failed, as has her attempt to assert a "fair use" defense.

Judge Michael Davis oversaw the first Jammie Thomas trial and was sympathetic to her plight. After a jury awarded the music labels $222,000 in damages for Thomas' file-sharing, the judge made clear that he disapproved of the penalty:

While the Court does not discount Plaintiffs' claim that, cumulatively, illegal downloading has far-reaching effects on their businesses, the damages awarded in this case are wholly disproportionate to the damages suffered by Plaintiffs. Thomas allegedly infringed on the copyrights of 24 songs—the equivalent of approximately three CDs, costing less than $54, and yet the total damages awarded is $222,000—more than five hundred [emphasis his] times the cost of buying 24 separate CDs and more than four thousand times the cost of three CDs...

Read Original Article:(Via Law & Disorder Section - Ars Technica.)