Abandon All Fear

What nobody else seems to be saying…

[Copyleft] Obama And The Copyright Act

Posted by Lex Fear on February 20, 2009

From Wired:

In a few weeks, we’ll likely know the Obama administration’s position on whether it supports hefty monetary awards in file sharing litigation brought by the Recording Industry Association of America.

The Bush administration’s position was clear. It supported the Copyright Act‘s penalties of up to $150,000 per infringed song.

“Congress acted reasonably in crafting the current incarnation by ensuring that it serves both a compensatory and deterrent purpose. Congress established a damages range that provides compensation for copyright owners in a regime in which actual damages are hard to quantify,” the Bush administration wrote in 2007.

Now it’s President Barack Obama’s turn, and we’ll see how tight he is with Hollywood.

One thing I’ve thought about that I don’t see mentioned anywhere by bloggers and media, is a challenge to how the MAFIAA justify their 9-to-1 ratio cost of a single music track.

No, I don’t mean how constitutional or fair it is, I mean challenging it on the basis of lost profits. Surely, after winning* their lawsuit against Jammie Thomas, all lawsuits should have stopped right there. You see they didn’t just sue Jammie Thomas for the tracks that she had downloaded or owned (worth approximately $1 a piece) they sued her for all the other people who otherwise would have bought the shared track too**.

Therefore if the MAFIAA recovered all that lost profit from Jammie Thomas (and someone can’t own one downloaded file twice over), then the score is even and there are no further profit losses i.e. no further lawsuits needed!

Am I just stating the obvious that no-one has thought up yet, or am I missing something?

*I say ‘won’, but it’s been public knowledge for a while now that the original judge has dismissed the original trial as a mistrial and it will be heard again.
**I’m obviously ignoring the fact that ( a ) many filesharers will buy an album anyway and ( b ) many other fileshares would not even buy if it was not available for download – so no profit to be had in the first place.

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