Legal issues arising from the RIAA's lawsuits of intimidation brought against ordinary working people, and other important internet law issues. Provided by Ray Beckerman, P.C.
Commentary & discussion:
it's my blog dammit
Ray Beckerman, PC
crazy, just crazy. The actual economic loss is what $1.99 per song? Let's say it was intentional, why not triple it like the patent law. $2 x 24 x 3 approx. $150. The figure of 9k per song is complete BS.
I still don't understand the court's ruling on statutory damages. At face value, the cost of the song on iTunes exceeds the actual lost money -- which is to say, the only download shown was (presumably) the one time when the defendant got the file in the first place. Any uploads are a matter of speculation, excepting perhaps the one to the MPAA investigators. So we're still looking at evidence that shows, at most, 2 copies being made. All other evidence is purely speculative ... without serious statistical work, one cannot assume too much about other uploads.And one *can* do such serious statistical/experimental work, if one is motivated. And yet the RIAA never did. It sounds like a load of nonsense to say that statutory damages are necessary because we can't calculate actual damages because we never tried!
I find the Court's reasoning to be superficial and wrong, and the result absurd.
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