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Old 01-22-2012, 12:44 PM  
kane
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Join Date: Aug 2001
Location: portland, OR
Posts: 20,684
Quote:
Originally Posted by gideongallery View Post
so the little guy making $50/month if he is wrong should pay millions of dollars in damages (statutory damages), even though sony fails to prove that they lost even 1 penny in sales.

but a totally innocent site who name has been destroyed, his company been destroyed, and who is forever going to be considered a theif even though he was totally innocent should only get the money he can prove he lost on that one venture

Forget the value of all his future jobs,
forget the intense emotional distress caused by being falsely accused
forget the value of his name
forget the huge upside potential that was destroyed because he was prevented from taking advantage of it.


Let me ask the question then

How many totally innocent companies do you believe you should have a right to destroy

Give me an actual number.
I'm not going to argue with you. there is no point in that. you are right about everything. You know everything and if you would just listen to me and rise up and lead the masses you could change the world.

As per your question:
You want fair, that is all I want as well. If Sony goes after a small site that makes $50 per month by posting links to Sony's copyrighted materials and the site is found to be guilty there should be actual damages figured out and if the site owner can't pay them they should be shut down. If Sony wrongly goes after a site and it is proven so Sony should have to pay damages, but those damages need to be realistic. If the guys is making $50 per month with his site and the site is shut down for 6 months while the trial goes on he should win $300 plus his legal fees and maybe some extra to cover the cost of getting the site back up and running, but he shouldn't be entitled to millions.
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