Statutory Damages
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Many of the RIAA cases against individuals who were downloading music through peer-to-peer services were settled out of court, most for around $10,000, roughly equal to the legal costs incurred by the RIAA. The two defendants who chose to fight, including Joel Tenenbaum, lost substantial damages awards, which were reduced on appeal. How do you feel about statutory damages in a case like this? The songs each had a value of roughly $1 (assuming an iTunes download), and the infringers did not financially profit from their downloading of the song. Is it fair to fine them thousands of dollars?
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