Originally Posted by ppxnouse
Can I argue the same way when I am in court for software or book piracy ?
Telling the Judge I would not have bought the book anyway ?
In a court case for copyright infringement (as with that idiot woman in the US whose name escapes me), damages are generally awarded based on the commercial value of the goods being pirated. The commercial value here would seem to be zero.
I am in no way condoning copyright infringement, but this seems to be a purely "technical" infringement in that nobody is actually losing anything. The product concerned is a free one. It would be like, say, if I were to give out leaflets free on a street corner, and you were to photocopy one of my leaflets and start giving them out for free yourself. Technically you've infringed my copyright, but does it actually matter to anyone?