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• #### On the post: Hollywood Keeps Breaking Box Office Records... While Still Insisting That The Internet Is Killing Movies

Seegras (profile), Aug 19th, 2015 @ 4:58am

### Damage calculations

Now to calculate damages correctly, we can apply several models.

Suppose somebody has put a song illegally onto the internet, and some other people might have downloaded it.

a) We calculate damages from the actual amount of people who downloaded it, and multiply it with the sales price. Yes, the people who had downloaded it might also put it onto the internet illegally, but then these people violate copyright, and not that somebody that put it initially there. So these need to be sued separately. This has a further problem that it's very hard to quantify if using peer2peer technology, but we could divide the outgoing peer2peer traffic of the file by the size of it, and get a number. Probably something like 20, multiplied by \$1.

b) We deem the first person to put it up illegally to be responsible for all the infringement that might arise further down. Since we don't sue everyone else, we don't have any numbers who might have re-published it, and whether they've even republished it. With peer2peer, we can at least assume they've republished it illegally. So we could take the above figure and assume that everyone republished it 20 times. So this would end up at something around \$400 for the above example. Now, since bandwidth is finite, sharing multiple songs and other materials would probably lead to smaller amounts of the work being sent out illegally, so a whole album might be sent out only 5 times at all, so this still wouldn't amount to a lot, maybe 5x5x\$12 = \$300 for the above example.

Obviously, it's rather difficult to even get exact traffic stats, and they also could be inflated artificially by the rights holder himself, this is probably not the right way to do it.

We could instead base the whole damages upon something else:

c) The amount of people that could have bought the song, if it hadn't been made available illegally. As it happens, the number is 0. Because those people spent their money somewhere else in the economy: The bought coffee, computer games, went to the movies, etc. So that's not really a good number, and we can't discern people who didn't buy the song but a cup of coffee instead, from the people who didn't buy it because they bought a weeks food instead.

d) The amount of people who would have bought it, if it hadn't been made available illegally. This is more interesting, but also hard to figure out. Obviously all fans would have bought it. You might get a ballpark figure of how many there are from homepages, social media and concerts. But it will probably be lower than the amount of songs already sold. You might use past sales, but then, you already have illegal copies in there, so these will be less than the possible amount. Probably the only way to find out is a survey and do statistics. Just ask a random set of people, worldwide, and ask them if they already bought, or would buy the song for \$1. Which would be a huge effort.

But there still might be another way: Statistics on economy and spending.

e) Since the money not spent on paying for the song, the money was spent on something else. That "something else" is totally uninteresting if it's food or housing or other necessities. It's only interesting if money was spent on entertainment, and the amount happens to be known for a lot of countries. From this we can actually figure out the percentages for the different kinds of entertainment (in the US it's around \$1000 a year for audio, but including equipment), so we need the number spent for audio recordings alone. If we divide that number by the average total amount of audio recordings acquired within a year (from sources published legally and illegaly both, as well as free/open content/commons/public domain; probably needs a survey), this will give us a price somebody will actually pay for a song. (And now I've gotten lost on the damages part, but that price is in itself interesting, because it's the price you want to sell your songs at).
Ah yes, we need to know what percentage of the population, on average, has a certain song. This will be rather low. Multiply that with the population times the price somebody will pay, you've got your damages.

Needed for (e) are surveys on the amount of songs acquired in a year, on average; and on the chance a song has to be among them, on average. But this actually sounds doable, at least in certain countries.
• #### On the post: Feds Still Shrugging People Onto Terrorist Watchlists Based On Hunches

Seegras (profile), Aug 19th, 2015 @ 2:56am

### Re:

• #### On the post: Techdirt Podcast Episode 38: Yes, There Are Business Models That Don't Need Intellectual Property

Seegras (profile), Aug 19th, 2015 @ 2:39am

### In days of old

In the days without copyright in the US, US printers actually *bid* on books from UK printers, in order to get them before they were released, so as to be the first to print them in the US.
• #### On the post: Yes, The Appeals Court Got Basically Everything Wrong In Deciding API's Are Covered By Copyright

Seegras (profile), Aug 19th, 2015 @ 2:33am

Now, with that decision, what's stopping anyone to start copyrighting natural languages? Because an API is nothing more than grammar and dictionary.
• #### On the post: Retro Games Industry Booming Despite Pirate-Options Being Super Available

Seegras (profile), Aug 18th, 2015 @ 2:18am

### Re:

Why has nobody created a decent Win9x VM?

Why would you want that when you've got https://www.winehq.org/

Hm, I just realise, this does not work on Windows, you need a Unix (Linux, MacOS, BSD) to use it..
• #### On the post: Australian Reporter Makes A Year's Worth Of His Metadata Available For Public To Rummage Through

Seegras (profile), Aug 18th, 2015 @ 2:08am

### Another one

A member of the Swiss national council (the parliament), Balthasar Glättli of the green party, also did this:

https://apps.opendatacity.de/vds/
• #### On the post: Before We Pass CISA As A Response To OPM Hack, Shouldn't We Look At What The Feds' Cybersecurity Practices Were?

Seegras (profile), Aug 17th, 2015 @ 8:00am

The question is thus:

If the OPMs system gets broken into because a security hole was not patched, what should we do?

And the answer CISPA gives is:

We should let the NSA hoard more security holes, so that they cannot be patched and allow the NSA to snoop on everyone.

This is just incredibly stupid.
• #### On the post: Vimeo Should Take Some Of The Blame For Simply Accepting Massive Bogus DMCA Takedown Over The Word 'Pixels'

Seegras (profile), Aug 11th, 2015 @ 3:26am

### Re: Re: Re: Insanity rules

Oh, like the Department of Homeland Security which actively works against security in order to be able to spy on everyone?
• #### On the post: Vimeo Should Take Some Of The Blame For Simply Accepting Massive Bogus DMCA Takedown Over The Word 'Pixels'

Seegras (profile), Aug 11th, 2015 @ 3:23am

### Re: Re:

argl, perjury, of course.
• #### On the post: Vimeo Should Take Some Of The Blame For Simply Accepting Massive Bogus DMCA Takedown Over The Word 'Pixels'

Seegras (profile), Aug 11th, 2015 @ 3:22am

### Re:

I look forward to someone starting a company to disrupt the marketplace that doesn't yank first & then punish you still later when it is bogus.

Actually, I want them to do not just that, but to immediatly SUE the issuer of the wrong notice for fraud and prejudice.
• #### On the post: Peru's New Data Retention Law Gives Police Warrantless Access To Real-Time And Historical Mobile Phone Geolocation Data

Seegras (profile), Aug 10th, 2015 @ 8:30am

### Junta

What? Is that Junta still in place?

Peruvians will be soo glad when the next Coup d'état comes that they have all this data.
https://en.wikipedia.org/wiki/List_of_Presidents_of_Peru
• #### On the post: Sophos: If You'd Like A Copy Of Our Free AV Software, You'll Need To Prove You're Not A Terrorist

Seegras (profile), Aug 10th, 2015 @ 7:54am

### Making the world less secure

When everyone that lands on some kind of "blacklist" isn't able to protect its own machine, then we might assume that their machines are soon part of some botnet, making everyone else less secure. Stupid gits.

Of course, that is assuming that AV products really work.
• #### On the post: Insanity Rules: NSA Apologists Actually Think Apple Protecting You & Your Data Could Be 'Material Support' For ISIS

Seegras (profile), Aug 6th, 2015 @ 11:43am

### Poisoning the water supply

Imagine that there is this outfit putting tracers into the water supply. So they can find people wasting water or something.

Now they're arguing, since water filters not only filter out poisonous and disease-causing substances but also their tracers, the water filter companies "may be liable" ?
• #### On the post: Looks Like Facebook Is Building Its Own Content ID

Seegras (profile), Aug 6th, 2015 @ 8:13am

### Re:

"Content ID has claimed millions of videos and is responsible for over a billion dollars in revenue so copyright holders love it."

Well, judging by the amount of people who had their self-made videos, of which they are the copyright holders, taken down, because of baseless accusations and misbehaving robots, I very much doubt most copyright holders love it.
• #### On the post: TPP Leaks Shows US Stands Firm That Companies Should Be Free To Abuse Patents & Copyrights

Seegras (profile), Aug 6th, 2015 @ 8:09am

### Re:

they call it legal warfare,get eu other countrys to adopt the most restictive ip,copyright ,drug ,software patent law.

It's called "mercantilism".
• #### On the post: TPP Leaks Shows US Stands Firm That Companies Should Be Free To Abuse Patents & Copyrights

Seegras (profile), Aug 6th, 2015 @ 8:07am

### Re: IP is all the US has left, that is why it is so important

The only thing we have left is IP.

No, you've got even more IP Protection.

Just about all works of art produced until 1978 should be in the public domain, but aren't. So you're inflating the amount of works artificially with extending law.

And all software patents are actually illegally granted, because software is math. So you're also inflating the amount of patents by granting patents on math, obvious things and 4000 year old technology (slide to unlock..).

And judging by TPP, TTIP etc., your biggest export also seems to be protectionist laws.
• #### On the post: US Pushing To Kill Any Future Aereo With TPP

Seegras (profile), Aug 6th, 2015 @ 7:07am

### Re: Not Fair.

Hey! I've got a great idea!

They could just refrain from promoting their obnoxious mercantilist agenda; that way no leaks could do any harm!
• #### On the post: After The 'Maui Meltdown', TPP Has Missed A Key Deadline That Probably Means It's Doomed Whatever Is Now Agreed

Seegras (profile), Aug 6th, 2015 @ 6:59am

Nice that protectionist interests regarding dairy products, pharmacies and trucks are thwarting other protectionist plans regarding copyrights and patents.
• #### On the post: Universal Music's Anti-Piracy Ads Even Crazier Than You Can Imagine

Seegras (profile), Aug 6th, 2015 @ 6:53am

### Re: Re:

Yes, since there are now dozens of ways to get content legally and conveniently in the US, piracy has disappeared there.

For music. For some music. Actually, not for most of what I want to listen to. And not in Europe either.

But certainly not for books and movies. Overpriced, country-blocked, crippled with DRM and usually not available.
• #### On the post: Wikileaks Latest Info-Dump Shows, Again, That The NSA Indeed Engages In Economic Espionage Against Allies

Seegras (profile), Aug 5th, 2015 @ 5:59am

### Re: Re:

"Diplomatic". Like positions on climate protection and emission control?

This mainly shows who paid the politicians in the USA.
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