June 18, 2009

As I sit here in seat 25A on a Northwest flight headed back to Washington, I am struck by some of the decisions people make. For example, I don’t know why the person in the seat in front of me bought a chili dog in the airport and chose to bring it on the plane (I can’t see it but I’m pretty sure extra onions are involved). I don’t know why people would purchase the “NeckPro Traction Device” from SkyMall magazine that claims to “significantly reduce neck pain” and looks like a homemade gallows set.

On a more serious and important note, after the events of today, I sit here wondering why. Why Jammie Thomas-Rasset, two trials and too much money later, made the decisions she did throughout the course of this case that has lasted for more than three years.

By now everyone knows what the verdict was. It’s fair to say that the damages were unexpected given the size of the award in the previous trial. But when it comes down to it, the jury heard a case about Ms. Thomas-Rasset distributing more than 1700 songs to potentially millions of people – not merely downloading 24 songs. We will settle this case if she allows it. We’ve always wanted to settle this case. But she has consistently refused, which has led us to today’s verdict.

All the evidence in this case leaves very little doubt she engaged in copyright infringement. And now two juries who have heard the facts of the case and seen the evidence have agreed. So it leaves one searching for a rational explanation for all this. But what if there isn’t one?

Nobody likes a courtroom. I sat through every day of testimony and listened as her and our cases unfolded.  Courtrooms make people uncomfortable; like the law is hovering over them in an intimidating God-like fashion. This is where people’s lives change for the better or worse. And 12 people who very likely have a hard time making their own decisions (as we all do) are put in a position to make a big one about someone else.

I wonder what Ms. Thomas-Rasset must be thinking right now. One thing is clear – it is our sincere hope that she changes course and opens herself up to a settlement to make this better for everyone. We remain ready and willing.

Cara Duckworth