|reply to axiomatic |
Personally I think they should get rid of the statutory damages unless you're selling / counterfeiting the goods as a business.
Otherwise, like anything else, the RIAA etc should have to prove actual damages, and if shown to be willful the normal 3x damages or "going rate" for the songs at major retailers.
I.e. average of iTunes / Amazon price for the songs, x3 if they can show willful infringement. That's actual damages plus reasonable punishment for willfully breaking the law.
It's absurd how far removed this is from any other civil damages awards.
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