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2011-02-24 Home Front: Culture Wars

House GOP could end copyright lawsuit abuse

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Posted by DarthVader 2011-02-24 11:08|| || Front Page|| [2 views ] Top

#1 The better approach would be to eliminate statutory damages for commercially available goods. It makes sense when you have what amounts to a trade secret (unpublished copyright). But statutory damages make absolutely no sense for commodities. If I can buy a song online for $0.99, how do you justify statutory damages of $150,000?

The reasoning for having statutory damages in the first place was that for some kinds of copyrighted works it is very difficult to determine what damages should be. Take, for example, the unlicensed publishing of someones diary, or a work of art which an artist does not want released to the public.

R-haven has done us one service. They have demonstrated just how badly the current statutory damages scheme really works. End it for published, commodity works. Go with treble damages and be done with it.

Posted by Clyde Sleager3535 2011-02-24 11:27|| 2011-02-24 11:27|| Front Page Top

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