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It depends on the nature of the violation. In most situations, real damages makes the most sense: you sent this mp3 to four of your friends, cheating the rightsholder out of $3.96, you should pay them $3.96. You used this song in your YouTube video, cheating the licensor out ofa standard $50 fee, you should pay them $50 and maybe a percentage of ad revenue. When we're talking about mass reproduction and distribution--straight-up, hardcore piracy--that's when I have no problem saying bring in the lawyers and get every penny you can.

To me, the problem arises when a rightsholder tries to treat everyone the same, dragging the lawyers in at the drop of a hat, whether it's a large-scale operation offering full downloads of big-budget movies a week before they open in theaters, or a 14-year-old kid posting a 90-second clip of his favorite scene. It just doesn't make sense.

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12y ago

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