Appeals Court Raises Fine in Filesharing Case (February 26, 2010)
A US federal appeals court has ordered Whitney Harper, now 22 and a
senior at Texas Tech University, to pay US $27,750 for 37 music files
she shared when she was in high school. The ruling overturns a lower
court decision that imposed a fine of US $200 for each song, or US
$7,400. Harper and her attorney maintain she did not know that she was
breaking the law when she shared the music over Limewire. The lower
penalty was decided when the lower court agreed that she was an
"innocent infringer" under US copyright law. The appeals court noted
that the "innocent offender" defense is invalid because the CDs from
which the music was shared contained copyright notices. Harper's
attorney is considering appealing to the US Supreme Court.
http://www.wired.com/threatlevel/2010/02/former-teen-cheerleader-dinged-27750-for-infringing-37-songs/
http://arstechnica.com/tech-policy/news/2010/03/judges-you-cant-claim-innocence-of-musical-copyrights.ars