Quote:
Originally Posted by drjones
Im OK with that actually... if they found out how many times she transferred the songs, it would actually go a long way towards calculating fair damages for the lady to pay.
|
The trouble is this: If she shares the song only once, to someone who has no rights to the song, and they share it 1000 times... did she create 1 damage or 1001 damages? The reality is once you release something like this in the wild, you no longer has control what will happen, but you started the chain of events.
In many ways, it is similar to buying someone a gun and asking them to kill someone. If they happen to kill 10 other people while doing it, you may actually be criminally liable for all 11 murders.
If anything, the liablity could be anything up to the entire loss calculated. If that song was downloaded 100,000 times over kazaa, for instance, then she should be liable for all 100,000 downloads unless she can show that other people seeded it and shared it.
Torrents and P2P networks are very dangerous, because once you put stuff out there, you start a chain of events that cannot be stopped.