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Originally Posted by CrkMStanz
physical goods need to be protected by laws - laws against theft - and those that produce, distribute, and sell physical goods need to be stakeholders in the creation and ongoing maintenance/changes of those laws
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are you really trying to claim that only reason why shoplifting laws don't have 25k statutory damages clause is because the retail trade union is filled with morons who simply didn't ask for it.
We don't have statutory damages because property laws take the PUBLIC interest into account . PERIOD.
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services need to be protected by laws - contract law - and those that deliver those services need to be stakeholders in the creation and ongoing maintenance/changes of those laws
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ditto. PERIOD.
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digital media, ideas, art, need to be protected by laws - copyright and counterfieting law - and those that create those medias need to be stakeholders in the creation and ongoing maintenance/changes of those laws
and the same for any other law - those who PRODUCE or DELIVER need to be involved consulted
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the level of control the copyright "cartel" has is greater than any other industry specifically because the people benefiting from the monopoly influence the constraints of the monopoly.
If the laws were balanced the penalty for violating fair use would be exactly the same as violating any other monopoly attempting to extend their monpoly to another market (loss of the monopoly or 3X damages).
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this in no way minimizes the involvement of those who consume - nor do we want them minimized - we just don't want to be dictated to - which is what you want - you want the CONSUMER to dictate how a thing is given to them (free preferably) and totally minimize any say that the PRODUCER may have in the transaction
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of course it does, the difference between the definition of statutory damages is a clear example of that.
no other industry has those kinds of statutory damages.
No other group of producers have that kind of free pass in the court system (no proving damages).
that free pass hurts the public by eliminating defences that they would be entitled to in other cases.