Thursday, 30 August 2012

Noxiae poena par esto

"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.

  • 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.

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