No… really it doesn’t. I don’t advocate stealing mp3s and I think some punishment is due, but honestly?

This country is so boned… I am not even joking. The actual “loss” suffered by the label? 24 songs at $0.99 each is $23.76. And the awarded $80k per song is justified how? This goes FAR beyond punishing. Why don’t you just pull out a gun and shoot her? If you wanted to punish her, I would be okay with a fine up to ten times the damages here (which in most other cases would be a ludicrously high amount by the way) giving the RIAA $240. Even 100x would be fine with me at just under $2400.

Let’s make a generalized comparison here. Lets say we have a guy who steals a car. Let’s assume that he isn’t educated beyond HS, if even that far. Realistically he could make $15-25k a year working at or above minimum wage. Now this car lets put a value of $30k on it (even though some the most stolen cars are under $15k in value!). The punishment for Grand Theft Auto is between 16 months and 3 years (assuming he didn’t kill anybody or anything else like that). Lets call it 1.5 to 3 years. This person is “paying” through lost wages at an honest job $22,500 to $45000 for “stealing” something valued at $30k. Even if the car is returned undamaged, call the damages $30k. It is possible he isn’t even paying 1x the damages. Even though he gets meals and a free room some would argue that jail time is more than just the money you’d lose working. I agree. Lets put his jail term at a “value” to him around $50k per year. So he pays $150k for stealing a $30k car, 5 times the amount of damages.

By the thought process displayed by this judge and jury this guy should either pay or serve jail time equivalent to $4,000,000,000 (4 billion) or 80,000 years.

Does the punishment fit the crime (scaled to match)? I really don’t think so….

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Are you serious?

First of all, lets say I downloaded a song. To get that song I would have to pay $20 or so for the CD, and assuming that I only wanted that song. Seems to me that the maximum actual damages would be $20. Now lets just say that as a punishment they tripple that. Sounds “fair” right? I don’t think you can really say that the damages the record company / artist saw is in excess of 7500 times the cost of the CD.

The RIAA and others who are seeking to prosecute those who steal are (I believe) justified in doing so. Theft is theft. No bones about it. However asking for ridiculous sums of money in “damages”? You are just being silly.  You don’t deserve to get rich from it. Chances are, that you are actually suffering ZERO damanges from the “theft”. If I was to start downloading music today no record company would be losing money from my “theft”. Why? I wouldn’t have bought the CD anyway. I just don’t. I have satallite radio that gives me all the music I could want.

Be reasonable and realisitc and maybe, just maybe, you won’t look like a collective of asshats.

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