"She's not interested in settling," lawyer Joe Sibley told CNET News. "That's one of the main arguments--that the damages are disproportionate to any actual harm."

Thomas-Rasset publicly refused to pay the sizable damages, as each of the 24 copyright infringements carries a price of approximately $80,000. In a separate suit, lead lawyer Kiwi Camara is going after the RIAA for allegedly violating anti-racketeering laws by intimidating defendants into accepting settlements, rather than face legal costs of a lengthy court process.

The RIAA allegedly offered to settle the first case for $25,000, although it is unclear how much the association is seeking for the retrial. Thomas-Rasset's lawyers indicated she would be unwilling to accept the terms of any settlement that required admitting guilt or paying money.

"The defendant can, of course, exercise her legal rights," said RIAA spokesman Jonathan Lamy. "But what's increasingly clear, now more than ever, is that she is the one responsible for needlessly prolonging this case and refusing to accept any responsibility for the illegal activity that two juries decisively found her liable for."

The attorneys must first file a notice of appeal before proceeding to the next step.