Quote:
Originally Posted by teh603
Is it even possible to quantify lost sales when the items being pirated are put up for zero price? And do they have proof that the John Does whose IPs they listed were knowingly engaged in it, as opposed to having been the victim of a botnet attack that might have turned their computer into a filesharing server without their knowledge? Can they get proof of it without violating due process of law?
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They will probably ask for statutory damages rather than actual damages because it's too hard to prove actual damages.
Wiley doesn't have to disprove all possible defenses (i.e., botnet attack) before starting. If a defendant thinks he was the victim of a botnet attack, the defendant will have to produce some evidence supporting that. (Or that someone stole his wifi, or whatever).