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Comment Re:Statutory Damages (Score 1) 392

Following your logic, $1.92 million at $0.99 per song

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Maybe she should pay the price of one record per shared mp3? That'd be something like $240. Or ten record, which would come to $2400.

Both you and the parent are using standard song purchase price as the basis for her damages. The problem is that she is not being sued for downloading the 24 songs. She is being sued for distributing 24 songs.

How much does it cost the RIAA to purchase the sole distribution rights to any particular song? I don't know what it is - but if I had to guess I would say it's more the $0.99 per song. 1.92 million dollars split 24 ways is $80,000. If it costs the RIAA only $8,000 to purchase the sole distribution rights for any particular song, on average, then poor Ms Thomas is paying 10 times the "damage".

While I think 1.92 million is indeed a ridiculous sum to pay for downloading 24 songs the fact is that she is not being charged with downloading - it's the uploading that is the problem.

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