A little too harsh?
Anonymous Coward Posted Tuesday 24th March 2009 05:20 GMT ->
Shure he should pay. But isn't 10k a "little" too much? Let me explain.
One should pay to cover the damage caused. One should pay, too, a little extra - as punitive damages. So far, so good. But to charge 10k for each song is ridiculous AND unfair.
How much costs a CD? US$ 20,00? With, let's say, 10 tracks? Well, this amounts at US$ 2,00 for each track.
Now, let's say he should pay for each time a whole copy was downloaded from his machine. Wait, whole copy? Sure. No one will keep a half downloaded music.
So, how do we know how many "whole songs" where downloaded? We are talking P2P here. A handful of bytes downloaded from hundreds of machines. How about look to the upload/download ratio? This way we can make a reasonable assumption.
Good. Now, the punitive damages. Of course, the higher the damage, the higher the fine. I'd say... 3 times the damage caused - as a fine? How about? This way he would end up paying 4 units of money to each unit he "damaged". Good.
Now, tell me honestly: Do you REALLY believe each song was downloaded 1250 times from his own computer? Because i don't.
He should be fined? Yes. He should go to jail? No, I don't think so. It would be unfair and a waste of human resources. Is the fine value fair? Absolutely not.
But that's just my opinion - and not as "Anonymous Coward".