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CAPITOL RECORDS, INC. v. THOMAS-RASSET

Nos. 11-2820, 11-2858.

692 F.3d 899 (2012)

CAPITOL RECORDS, INC.; Sony BMG Music Entertainment; Arista Records LLC; Interscope Records; Warner Bros. Records Inc.; UMG Recordings, Inc., Plaintiffs-Appellants, v. Jammie THOMAS-RASSET, Defendant-Appellee, United States of America, Intervenor below-Appellee. Motion Picture Association of America, Incorporated, Amicus on Behalf of Appellant, Electronic Frontier Foundation; Internet Archive; American Library Association; Association of Research Libraries; Association of College and Research Libraries; Public Knowledge, Amici on Behalf of Appellee. Capitol Records, Inc.; Sony BMG Music Entertainment; Arista Records LLC; Interscope Records; Warner Bros. Records Inc.; UMG Recordings, Inc., Plaintiffs-Appellees, v. Jammie Thomas-Rasset, Defendant-Appellant, United States of America, Intervenor below-Appellee. Motion Picture Association of America, Incorporated, Amicus on Behalf of Appellee, American Library Association; Association of Research Libraries; Association of College and Research Libraries; Public Knowledge; Electronic Frontier Foundation; Internet Archive, Amici on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 11, 2012.

Attorney(s) appearing for the Case

Paul D. Clement , argued, Washington, DC, Matthew J. Oppenheim , Potomac, MD, Erin Murphy , Washington, DC, Timothy M. Reynolds , Eve G. Burton , Denver, CO, Jennifer L. Pariser , Washington, DC, on the brief, for appellants.

Kiwi Alejandro Danao-Camara , argued, Michael Lee Wilson , on the brief, Houston, TX, for appellee Thomas-Rasset.

Jeffrey A. Clair , argued, USDOJ, Civil Division, Washington, DC, for United States of America.

Robert Alan Garrett , Lisa S. Blatt , R. Reeves Anderson , Washington, DC, on the amicus brief filed by The Motion Picture Association of America Inc., in support of appellant.

Sherwin Siy , Washington, DC, on the amicus brief of Public Knowledge in support of appellee.

Jonathan Band , Washington, DC, on the amicus brief in support of appellee filed by American Library Association, Association of Research Libraries and Association of College and Research Libraries.

Corynne McSherry , San Francisco, CA, Michael Barclay , Menlo Park, CA, on the amicus brief filed by Frontier Foundation and Internet Archive in support of appellee.

Before MURPHY, MELLOY, and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

This appeal arises from a dispute between several recording companies and Jammie Thomas-Rasset. There is a complicated procedural history involving three jury trials, but for purposes of appeal, it is undisputed that Thomas-Rasset willfully infringed copyrights of twenty-four sound recordings by engaging in file-sharing on the Internet. After a first jury found Thomas-Rasset liable and awarded damages of $222,000, the district court granted...

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