tag:blogger.com,1999:blog-15479871.post4792051529591956808..comments2024-03-22T03:28:24.897-04:00Comments on Recording Industry vs The People: "Statutory Damages" transcript from March 28th Fordham Law School IP Law Conferenceraybeckermanhttp://www.blogger.com/profile/11063235302436280455noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-15479871.post-21004010837703250352008-05-04T04:48:00.000-04:002008-05-04T04:48:00.000-04:00Also of note is his statement that if a song was c...Also of note is his statement that if a song was copied 10 million times, 10 million sales would have been lost. If not for the lack of time, someone should have requested that Mr. Doroshow substantiate his argument of a copy made equalling a lost sale. Various independent studies have shown that filesharing itself has negligible negative effects on sales, and the recording industry has yet to properly prove otherwise.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-88447533321659516222008-05-03T18:19:00.000-04:002008-05-03T18:19:00.000-04:00After somebody pointed it out on Slashdot, I did t...After somebody pointed it out on Slashdot, I did the calculation for myself and found that with my internet connection (pretty typical home broadband connection) it would take 24.35 years for me to upload a single song 10,000,000 times if I was using my full upload bandwidth 24/7/365. That guy lied to everyone's faces; wish somebody would have pointed that out at the conference :PJustin Olbrantz (Quantam)https://www.blogger.com/profile/02155606291145056334noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-41832111942935494812008-05-03T17:04:00.000-04:002008-05-03T17:04:00.000-04:00"The Supreme Court did a survey of statutes. It fo..."The Supreme Court did a survey of statutes. It found that statutes often penalize someone two or three or even four times the amount of the actual damages but rarely go beyond that. So they said: If the jury is going to come in with something that is more than nine times the amount of the actual damages, that is going to trigger constitutional scrutiny."<BR/><BR/>That's damning.<BR/><BR/>My personal position is that I'd be okay with as high as 25x retail value in the case of file sharing. The reason that's so high is because with the actual value is so low (e.g. $15 for a CD), even 10x wouldn't provide much of a deterrent effect. I wouldn't think 25x would be appropriate if the actual damages were significantly higher.<BR/><BR/>This is in contrast to the RIAA's standard settlement of 200x retail value ($3000), and 9250x in the Thomas case.Justin Olbrantz (Quantam)https://www.blogger.com/profile/02155606291145056334noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-28882735983772734142008-05-03T06:47:00.000-04:002008-05-03T06:47:00.000-04:00I don't think he's hostile towards me personally. ...I don't think he's hostile towards me personally. Just towards the law, which he apparently feels doesn't adequately protect the large content holders.raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-11256437246147187562008-05-03T00:37:00.000-04:002008-05-03T00:37:00.000-04:00I gotta say I"m surprised at how hostile Prof. Hug...I gotta say I"m surprised at how hostile Prof. Hugh Hansen seemed towards you.<BR/><BR/>But, it is a great read. It's always fun to see reason and rationality trump ignorance, in this case in the form of Kenneth Doroshow.Anonymousnoreply@blogger.com