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

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."

Comments

Exactly right!

[Stormx2]

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

Re:Exactly right!

[russotto]

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.