Oct. 16th, 2007
"The minimum penalty under the Copyright Act equals a ratio of over 750 times the actual injury, assuming the value of a single music track is iTunes' 99-cent rate. Rulings by the U.S. Supreme Court and other courts say financial punishments exceeding a 9-to-1 ratio are unconstitutional.
Toder speculated that each digital download that is pirated costs the industry only 70 cents -- meaning Thomas' conduct was punished at a ratio of more than 1,000 times actual damages.
"Whether the court recognizes actual damages of zero dollars, $20 or whatever figure plaintiffs suggest ... the ratio of actual damages to the award is not only astronomical, it is offensive to our Constitution and offensive generally," Toder wrote."
Interesting point. The RIAA says, naturally, that their assertion is groundless.
http://www.wired.com/politics/law/news/2007/10/copyright
http://yro.slashdot.org/article.pl?sid=07/10/16/0034235
Toder speculated that each digital download that is pirated costs the industry only 70 cents -- meaning Thomas' conduct was punished at a ratio of more than 1,000 times actual damages.
"Whether the court recognizes actual damages of zero dollars, $20 or whatever figure plaintiffs suggest ... the ratio of actual damages to the award is not only astronomical, it is offensive to our Constitution and offensive generally," Toder wrote."
Interesting point. The RIAA says, naturally, that their assertion is groundless.
http://www.wired.com/politics/law/news/2007/10/copyright
http://yro.slashdot.org/article.pl?sid=07/10/16/0034235
Some interesting music & DRM news
Oct. 16th, 2007 07:24 pmFirst, Apple reduces the price of music that does not have DRM down to their standard $0.99 that they charge for their ironically-named "Fairply" DRM-enabled music. I'm wondering if this might herald a reduction of their DRM'd music. Regardless, I think it's a good move.
http://blog.wired.com/gadgets/2007/10/itunes-plus-drm.html
Second, Led Zeppelin announces that their music can now be sold digitally. I don't know if Apple will be offering it or not. So as it stands, apparently the only hold-outs for not selling online are The Beatles and Garth Brooks.
http://slashdot.org/article.pl?sid=07/10/15/2350211
http://blog.wired.com/gadgets/2007/10/itunes-plus-drm.html
Second, Led Zeppelin announces that their music can now be sold digitally. I don't know if Apple will be offering it or not. So as it stands, apparently the only hold-outs for not selling online are The Beatles and Garth Brooks.
http://slashdot.org/article.pl?sid=07/10/15/2350211