Putting the Lie To RIAA Claims

[robkelk]

while amusing, that info graphic seems to be confusing statutory and punitive damages.
Grossly oversimplifying:
Statutory damages are damages awarded based on the value of the object/good in question ($1 per song)
Punitive damages are damages awarded to act as a deterrent against abuse ($300,000 per song)

Those punitive damages are extremely excessive.

Look at BMW of North America, Inc. v. Gore (1996), where punitive damages of 1000 times the compensatory damages were originally awarded but reduced to 500 times the compensatory damages on appeal - the appeals court ruled that the high punitive damages violated Due Process.

Then there's State Farm Mutual Automobile Insurance Co. v. Campbell (2003), where the United States Supreme Court limited punitive damages to less than ten times the compensatory damages. Under that ruling, the RIAA should be requesting $10 per song in punitive damages. Even if the ratio set in BMW of North America, Inc. v. Gore still holds, the RIAA's request should be limited to $500 per song in punitive damages.

The RIAA asking for $300,000 per song is ridiculous - if they were to get it, that would be a travesty of justice.
--
Rob Kelk
"Governments have no right to question the loyalty of those who oppose
them. Adversaries remain citizens of the same state, common subjects of
the same sovereign, servants of the same law."

- Michael Ignatieff, addressing Stanford University in 2012