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17,000 Downloads Does Not Equal 17,000 Lost Sales

Posted by timothy on from the channeling-captain-obvious dept.

Andrew_Rens writes "Ars Technica has a story on a ruling by a US District Judge who rejects claims by the RIAA that the number of infringing downloads amounts to proof of the same number of lost sales. The judge ruled that 'although it is true that someone who copies a digital version of a sound recording has little incentive to purchase the recording through legitimate means, it does not necessarily follow that the downloader would have made a legitimate purchase if the recording had not been available for free.' The ruling concerns the use of the criminal courts to recover alleged losses for downloading through a process known as restitution. The judgement does not directly change how damages are calculated in civil cases."

7 of 398 comments (clear)

  1. Exactly right! by Stormx2 · · Score: 4, Funny

    I have like ~1,000 albums downloaded. Would I have the money to buy 1,000 albums? Hell no. Not unless I sold all my possessions.

    Download != Lost Sale

    1. Re:Exactly right! by russotto · · Score: 4, Funny

      I have like ~1,000 albums downloaded. Would I have the money to buy 1,000 albums? Hell no. Not unless I sold all my possessions.

      RIAA: That'll be $7220 in "restitution", plus $750,000 minimum in statutory damages. Or you can just use the suicide booth down the hall; if you make a statement as you enter to the effect that "this is what happens to downloaders", we won't hound your family for more than half of the judgement.

    2. Re:Exactly right! by aliquis · · Score: 2, Funny

      I thought they reasoned that a copy was more than one lost sale.

      Like 30 songs = shared to plenty of people = possible 3000 downloads and lost sales.

      So 1000 albums according to RIAA would probably mean you're stealing one million album sales from them, your thief! :D

      So just pay back the 15 million dollars you own them thanks to your piracy and it's all fine! :D

    3. Re:Exactly right! by commodore64_love · · Score: 2, Funny

      I'd quietly disappear if RIAA issued that ruling against me. The next time you would hear from me is on CNN, as the man who killed RIAA's CEO aka Tyrant. I am not a slave to the RIAA CEO or any other man. My forefathers were slaves, but I will not be. I will kill rather than utter the phase "yes masser" again.

      >>>'it does not necessarily follow that the downloader would have made a legitimate purchase if the recording had not been available for free.'

      Also: Just because something is downloaded does not mean it is a lost sale, since some of the shows I've downloaded (Monk, Rome, Sopranos, Shield) I later purchased on DVD. I believe in supporting the actors, writers, and staff when they create a good show.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    4. Re:Exactly right! by Anonymous Coward · · Score: 1, Funny

      Especially for you: http://pictureposter.audiworld.com/126184/internet_tough_guy_magazine.jpg

    5. Re:Exactly right! by HiThere · · Score: 2, Funny

      I think the Bar Association is a lobbying group on behalf of the lawyers. It clearly doesn't exercise any quality control over them.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  2. Re:And do they factor in by TheVelvetFlamebait · · Score: 2, Funny

    But seriously, how many times should I have to purchase the same music?

    As many times as it takes before you learn to take care of your music. ;)

    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.