Harvard prof tells judge that P2P filesharing is "fair use" - Ars Technica - 0 views
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If the two remedies are equivalent, and if "individual noncommercial copying results in no provable actual harm to the copyright harm holder," then actual damages would be zero—and so would statutory damages. "In this context, it would be unreasonable to consider the $150,000 per infringement authorized [by the law] as an appropriate substitute for the zero actual damages."
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Scott Vine on 19 May 09This is actually quite an interesting argument. Going for the downloaded 'digital copy' doesn't equate to a 1 for 1 physical lost sale - which I agree with. However, rest of argument a bit more fanciful.
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