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Pirated track not a lost sale judge determines
Robert Hallock
January 19, 2009 1:15 PM ET in Tech
In the everlasting battle between the RIAA, MPAA and the IFPI, we have another court case which has gone in quite an interesting direction. Judge James P. Jones has penned an opinion clearly indicating that a downloaded file does not equate to a lost sale.
Those who download movies and music for free would not necessarily purchase those movies and music at the full purchase price,” he wrote. “[A]lthough it is true that someone who copies a digital version of a sound recording has little incentive to purchase the recording through legitimate means, it does not necessarily follow that the downloader would have made a legitimate purchase if the recording had not been available for free.”
While the judgment is a flying leap off the beaten path, not to mention refreshing, it won’t have much of an effect on existing cases. Jones’ ruling applies to a restitution case for an individual who has already been criminally convicted of file sharing.
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