Sunday, August 2, 2009

Maybe The RIAA Should Just Charge $22,500 Per Song

Maybe The RIAA Should Just Charge $22,500 Per Song: "The question begging to be asked: how is a song worth $22,500? Given that most tracks sell for $0.99 in iTunes, a 100x multiple would put the fine at $99 per song. A 1000x multiple would lead to a fine of $990. You might say that it’s comparable to being fined $100,000 for stealing a comic book, except that in this case it would be more like photocopying the comic and leaving the original on the shelf.
It’s a question the judge is looking into, reports Ars Technica:
Judge Gertner previously announced that she will hold a post-trial proceeding to determine whether the size of the award violates the US Constitution’s guarantee of due process of the law. While no federal court has ever invalidated an award of copyright statutory damages as constitutionally excessive, the record labels’ litigation campaign has spurred arguments that the Supreme Court cases imposing limits on punitive damages should be extended to statutory damages, which may contain a punitive element.
If a song is worth $22,500, the record industry is truly giving us a bargain by selling them for $0.99 on iTunes."

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