Copyright law
Copyright law
Posted Nov 16, 2020 8:39 UTC (Mon) by farnz (subscriber, #17727)In reply to: Copyright law by himi
Parent article: The RIAA, GitHub, and youtube-dl
The key change AFAICT (and I'm not a lawyer, nor based in the USA, so take this with a pinch of salt) is that case law has established that you need to show that damage exists before you can choose between actual damages and statutory damages. Statutory damages exist in US law to cover the case where the actual damages are hard to establish (pirates don't keep the greatest records), and it was a stretch to have them cover cases where no actual damages existed.