The RIAA is no stranger to outlandish legal arguments in P2P copyright infringement cases. This isn’t particularly surprising given that they’ve very successfully avoided arguing most of them in court, preferring instead to use the obstacle of expensive litigation to frighten defendants into settling. But sometimes a judge gets the chanceto shine a light on their creative readings of thelaw. In one such case a federal judge has denied the RIAA’s claim for damages on the grounds that they must first prove their losses.
It seems like an obvious enough point. For example, it’s a long established tenet of contract law that you can’t sue for losses over a deal you might have made with someone. And if someone steals physical merchandise you can’t get restitution from a list of what you think was probably stolen. But music, movie, and software conglomerates have always characterized every free download of a copyrighted work as a lost sale.
In a decision related to the criminal copyright case against Daniel Dove, Chief United States District Judge James P Jones noted “The downloaders in this case could have purchased songs over the Internet, rented movies, borrowed DVDs from the local library, or purchased CDs or DVDs at the full purchase price. But the victims have not made any attempt to assess how many Elite Torrents downloaders would have used these various alternatives or no alternative at
all.”
He was referring to requests from both the RIAA and movie studio Lionsgate Entertainment in which each asked for restitution based on some interesting calculations. Judge Jones agreed that the RIAA “provides proof that 183 sound recording albums were transferred through Dove’s server a combined total of 17,281 times” but questioned the claim that “member companies suffered economic loss in the amount of $124,768.82.” Among other problems he pointed out “RIAA only proves that the first 20 albums are held by record labels that are RIAA members; there is no such proof as to the remaining 163 albums.”
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Result for: restitution
Yesterday, two brothers accused of software piracy were sentenced to multi-year prison sentences, said the US Department of Justice.
Maurice Robberson and his brother Thomas Robberson were sentenced to 36 and 30 month sentences respectively and ordered to pay $1 million USD in restitution. In November both men plead guilty to felony copyright infringement.
Both men sold counterfeit software through their websites Bestvalueshoppe.com, TheDealDepot.net, CDsalesUSA.com, and AmericanSoftwareSales.com. Both men agreed to pay back all revenue made by the sites which equaled the $1 million USD restitution.
“People who steal the intellectual property of others for their personal financial gain, while defrauding consumers who think they are buying legitimate products, will be punished for their crimes, as today’s sentences prove,” said Assistant Attorney General Alice S. Fisher.
Both men received complaints from software copyright holders but denied wrong doing. Undercover FBI agents then purchased items from one of their sites and found a network of other sites selling pirated software.
Result for: restitution
Yesterday, two brothers accused of software piracy were sentenced to multi-year prison sentences, said the US Department of Justice.
Maurice Robberson and his brother Thomas Robberson were sentenced to 36 and 30 month sentences respectively and ordered to pay $1 million USD in restitution. In November both men plead guilty to felony copyright infringement.
Both men sold counterfeit software through their websites Bestvalueshoppe.com, TheDealDepot.net, CDsalesUSA.com, and AmericanSoftwareSales.com. Both men agreed to pay back all revenue made by the sites which equaled the $1 million USD restitution.
“People who steal the intellectual property of others for their personal financial gain, while defrauding consumers who think they are buying legitimate products, will be punished for their crimes, as today’s sentences prove,” said Assistant Attorney General Alice S. Fisher.
Both men received complaints from software copyright holders but denied wrong doing. Undercover FBI agents then purchased items from one of their sites and found a network of other sites selling pirated software.
