[citation][nom]techcurious[/nom]First of all, I am not defending the RIAA and the damages they are claiming. However, just for the sake of fair argument/debate, I want to point out something many seem to be missing. She is not being fined for downloading/stealing 24 songs.. she is being fined for UPLOADING 24 songs. So I guess their argument is that she facilitated the illegal download of thousands of copies of those 24 songs. So, it's not the same as stealing just one or two CD's.. more like stealing a whole store of CDs to illegally sell on the street corner.That said, still.. 222,000 is waaaayyy too much, let alone 1.5 Million!! That judge deserves to be fired for thinking that 1.5 Million was even remotely fair.[/citation]
Did she actually sell them? If not, are they "estimating" how much "damage" she caused? Does that even sound reasonable? If someone throws a basketball into a flower bed, then the $ amount can be determined based on fair market value, although it may be an "estimate" due to fluctuating prices. It seems absurd to come up with an amount to fine an individual using "what could have happened" as the basis--unless you are trying to "get someone back" or "teach them a lesson." Also, the amount of sales lost is not the damage; at most it would be the amount of profit lost. (At some point, and it seems a far cry from $220K, it becomes "cruel and unusual punishment," and isn't "getting someone back" cruelty?) The whole thing seems like a perversion of justice.