tag:blogger.com,1999:blog-4513524515428334509.post9041999394474246834..comments2024-03-26T10:41:35.852+00:00Comments on The 1709 Blog: "Absurd" Limewire Damages RejectedMarie-Andree Weisshttp://www.blogger.com/profile/17125973798789498436noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-4513524515428334509.post-86111764797107216422011-03-26T08:47:23.025+00:002011-03-26T08:47:23.025+00:00Some concept of the *actual* damages incurred migh...Some concept of the *actual* damages incurred might be a useful contribution.<br /><br />In the case of Limewire, I'd be really interested to see how much more money the record industry make over the next six months now it's been shut down - it would not surprise me in the least if it transpired that the industry had incurred no loss whatsoever.Doughttps://www.blogger.com/profile/04527450899504569727noreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-3578325397161082282011-03-24T22:23:17.951+00:002011-03-24T22:23:17.951+00:00A non-linear approach to damages intended to have ...A non-linear approach to damages intended to have a deterrent effect might be entirely rational. The marginal gain in deterrence of an additional dollar may well fall off after some point turning point at high value.<br /><br />This is the usual approach of criminal courts who do not - in England at least - simply multiply each offence by a suitable punishment, so that 11 counts of theft will result in a prison sentence 11 times longer than a single count. So it is a very respectable approach in punitive theory.<br /><br />I'm not sure how much authority in the US there is for what the purpose of statutory damages is - and therefore the best way to serve that purpose. I'd be interested if anyone could point me to some authority.Francis Daveyhttps://www.blogger.com/profile/10228026893626221724noreply@blogger.com