RIAA: Actual Damages Unknown
October 21, 2007 11:35 AM
Testimony from Jammie Thomas' case discredit the litany of figures quoted over the years
In continuing with the theme of
Capitol Records v. Jammie Thomas
I bring you yet another
wonderful little tidbit
to drop from the mouth of Sony’s Head of Litigation, Jennifer Pariser: Sony – and likely the RIAA – doesn’t really know just how much money they’ve lost due to piracy.
In the same block of testimony where the Pariser disclosed that the RIAA’s lawsuit campaign is costing “millions” more than it earns, Thomas’ counsel pounced on the fact that the record industry was only seeking the punitive damages available in the Copyright Act. “What are your actual damages?” he asked.
Here we go. “We haven't stopped to calculate the amount of damages we've suffered due to downloading,” replied Pariser, who then added that, “that's not what's at issue here.” (Judge Michael Davis, who was overseeing the case, quickly remanded her to stay on topic.)
This statement runs counter to the numerous claims that the RIAA has made over the years regarding piracy and the industry’s actual suffering. One of the more recent claims, found under the “students doing reports”
of the RIAA’s web site, cites a conservative estimate of $300 million worth of losses.
, released by the Institute for Policy Innovation, quoted worldwide losses due to piracy at $12.5 billion USD and over 71,000 jobs.
Pariser could have easily cited either of those numbers as part of her explanation of ‘actual damages’ – unless, of course, the facts regarding that those figures are less than certain. Remember, she’s under oath here.
Over the years, there’s been a long tradition in
debunking the dollar amounts
that the RIAA has cited as money lost due to so-called piracy. People find all sorts of interesting explanations: lost CD sales are actually converted to
music purchases at iTunes
, lost CD sales are due to a
decreased demand and rising prices
, that piracy actually helps to promote the purchases of music, and so on and so forth. While I’m not going to argue that piracy doesn’t have
kind of effect, it does seem that if the industry wants to convince more government officials of its plight, at least it could get its figures straight.
When and if the music industry releases some honest-to-God figured that aren’t skewed, the big question then becomes one of trust: can we believe
numbers? Will we, the people, ever believe a word to come out of their mouths?
"We’re Apple. We don’t wear suits. We don’t even own suits." -- Apple CEO Steve Jobs
RIAA Lawsuit Campaign Unprofitable, Costing “Millions”
October 15, 2007, 11:23 AM
RIAA Awarded $222,000 in First Jury Trial
October 4, 2007, 7:25 PM
Latest By Tom Corelis
SSLStrip Makes Ignorance of HTTPS a Costly Mistake
February 25, 2009, 5:34 PM
Prosecution Alters Charges While Plaintiffs Fumble in Pirate Bay Trial
February 25, 2009, 7:19 AM
Censorship Head in Beijing Arrested on Corruption Charges
February 25, 2009, 7:04 AM
Microsoft Lets Laid-Off Employees Keep Extra Severance Pay
February 23, 2009, 7:30 PM
New Conficker Update Dispenses with Need to Phone Home
February 23, 2009, 6:39 PM
Updated: Microsoft a Little Too Generous with Severance Pay, Wants Some of it Back
February 23, 2009, 9:01 AM
Senate to ISPs, Anyone with Wi-Fi: Keep Access Logs to Save the Children
February 23, 2009, 9:00 AM
The Pirate Bay: 80% of Our Torrents Are Legal
February 22, 2009, 9:46 AM
Hacker Unveils Stealthy Memory Injection Attack in Mac OSX
February 20, 2009, 7:30 AM
Pirate Bay Trial Begins with a Bang in Sweden
February 17, 2009, 8:10 AM
Google plans ultra-fast wireless Internet for Research Triangle Park, N.C.
August 12, 2016, 6:30 AM
Twitter Senior VP: "Diversity is Important, But We Can’t Lower the Bar"
November 9, 2015, 9:59 AM
CNN Resorts to Internet Censorship to Promote Clinton Over Senator Sanders
October 15, 2015, 2:47 PM
Breaking Bad: How to Crash Google's Chrome Browser With Just 8 Characters
September 23, 2015, 11:08 AM
Quick Note: Amazon UK Offers £10 Back on Any Order £50 or Over
August 3, 2015, 12:05 PM
Editorial: Reddit Allows Itself to be Hijacked as a Hate Platform For Racist Bigots
July 21, 2015, 6:32 PM
Most Popular Articles
Phillips 55’ 4K Smart TV – Is This Really a Deal? We Think So.
November 25, 2016, 9:44 AM
Sales Battle - Apple iPad Mini vs Samsung Galaxy Tab
November 29, 2016, 12:36 AM
Echo Dot is a Best Seller - Sold Out Until December 1, 2016.
November 26, 2016, 6:00 AM
PlayStation 4 Pro – 4K Console for 4K TVs
November 28, 2016, 1:00 AM
Star Wars Android Smartphones coming to a Japanese Galaxy Near You
November 26, 2016, 5:00 AM
Latest Blog Posts
Dec 3, 2016, 5:00 AM
Dec 2, 2016, 5:00 AM
Surface Ergonomic Keyboard
Dec 1, 2016, 3:01 AM
Chapeconense plane crash: Football rallies around Brazilian Team
Nov 30, 2016, 1:00 AM
How to Extends Your iPhone’s Battery Life
Nov 29, 2016, 12:49 AM
Nov 28, 2016, 1:12 AM
News: Fidel Castro
Nov 27, 2016, 5:00 AM
Nov 26, 2016, 5:00 AM
Changes in Social status affect the way genes turn on and off within immune cells.
Nov 25, 2016, 5:12 AM
Austrian far–right hopeful Hofer may back EU vote.
Nov 24, 2016, 4:00 AM
Final Fantasy XV Leaked Before Nov 29 Launch Date
Nov 23, 2016, 1:00 AM
Nov 22, 2016, 2:26 AM
Nov 21, 2016, 1:00 AM
HTC Makes Big Moves in China
Nov 20, 2016, 2:00 AM
Do you know who is the number one company in the word?
Nov 19, 2016, 5:30 AM
Foldable Cardboard ”EcoHelmet” wins James Dyson Award’s Top Prize
Nov 18, 2016, 2:39 AM
Scientists Discover Roundest Object Ever Spotted in Universe
Nov 17, 2016, 1:00 AM
Smallest Device Lets You Print Almost from Anywhere
Nov 16, 2016, 9:32 AM
Cancer Screening in the Community Is there a link between Cancer and Poverty?
Nov 15, 2016, 8:00 AM
More Blog Posts
Copyright 2016 DailyTech LLC. -
Terms, Conditions & Privacy Information