"downloaded otentially millions of times"
But if the RIAA goes after any of those infringers, the money gained should go to Jammie, yes? The alternative is that they do each of those millions of people who have apparently (otherwise the judgement is false) downloaded from Jammie, then the same reasoning is had there. Millions of potential downloads.
However, this can't be any of the millions who downloaded from Jammie because why would they download another copy from someone else? And we run out of people on the planet (never mind ones who aren't connected or bought one of the tracks, in which case, no loss) before we're 1% through those millions.
I put down in one segment Chris (miller?) wrote on this about how it should be worked out, based on the statutory licensing in the US for radio, where a lower-than-CD-quality (MP3 vs FM stereo) ephemeral image that can be saved to tape (in the US) costs, IIRC, 3.1c per listener per track. You then need to multiply this by a 10-to-1 leecher/feeder ratio (which is VERY high) and then quadruple that (for maximum constitutional reparation). It comes out to about $30.
That takes it into the "petty crime" level. Therefore it should be persued as such.
In the UK, we don't have the right by court precedent (ARHA equivalent) but civil cases can only produce damages and cannot be used for punitive fines (you need a criminal court for that). At least that's what I was told by the courts and lawyers when I took a PC supplier to court when they didn't hold up their part of the EULA on MS XP pre-installed. And since they can't show even one illicit download from her (and if they do her for downloading, even a 1-to-1 means that they are double dipping, which is fraud and therefore criminal), that works out to naff all.
Another thing that Jammie can use in her appeal is the comment of one of the jurors who said (paraphrased) that she was hit with such a large fine for deleting evidence and trying to lie to the court. However, this case wasn't about that, it was about copyright infringement and the fine wasn't appropriate for that. If the judge wanted to, Jammie could be held in contempt and fined for those actions. But that is a new case and must be tried according to the contempt charge. The fine is therefore, by admission of those involved in assigning it, not appropriate for copyright infringement.
I've posted to the UK MP in charge of changing UK copyrights and in short told them that we ought to go one of two ways:
1) indefinite copyright. As long as the copyright holder, once they produce a copy, CONTINUES to make a copy, they get the copyright. Failing to make a copy at reasonable cost is a crime and loses copyright.
2) MUCH shorter copyright. With the speed of distribution, 90% or more of the money of all IP is made in the first 5 years. Allow an extension to 10 maybe for selected works
and in either case, once copyright is ended, it must be made available in a transformative form (source code for software, formats for documents, unencrypted for DRM'd works and in the latest formats for multimedia). This allows the copyrighted works to become part of the continuing culture, rather than disappear (as will happen with binaries over 20 years old). Failure to provide a transformative version is criminal and the proceeds from the work would be criminal earnings and subject to sequestration as such.
Copyright then becomes reasonable to those who have the burden (the public) and long enough for the owners to profit. It also allows new works to be based off the expired works, helping new copyright owners to enrich their output, making THEIR work more profitable.
And, because it's reasonable, there would be little sympathy for those who are too impatient (for the 5/10 year limit) or too cheap (the indefinite term) to obey it.