"Cavendum
est ne major poena quam culpa sit; et ne iisdem de causis alii plectantur, alii
ne appellentur quidem."
"Care
should be taken that the punishment does not exceed the guilt; and also that
some men do not suffer for offenses for which others are not even
indicted."
Cicero – De Officiis (44 BCE), I. 23.
BBC News
24 August 2012
Joel Tenenbaum must pay $675,000 in damages awarded to the
major US music labels.
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- Thirty-one songs should have a fair price of roughly $60, either as physical media or legal digital downloads.
- Under Massachusetts law, petty theft of property valued at $250 or less is punishable by imprisonment in jail for not more than one year or by a fine of not more than $300.
- Under the US Digital Theft Deterrence and Copyright Damages Improvement Act of 1999, the penalty for 31 counts of willful infringement ranges from a minimum of $23,250 to a maximum of $4,650,000.
Thus, US law evidently
considers it worse, by several orders of magnitude, to illegally "not
deprive" someone of virtual (non-rivalrous) property than to deprive
someone of physical (rivalrous) property.
Thou shalt not copy
thy neighbour's CD for post-Gutenberg law decrees it a far lesser evil to just
steal it altogether.



