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So right now, we can basically say with confidence that piracy either causes no harm or causes infinity dollars harm.
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Or we can say that piracy causes significant harm but that it is difficult to quantify with certainty the harm caused. Piracy is not alone in this. Take counterfeiting. The US government has believed from day one that counterfeiting causes significant economic harm , has made it a federal felony, and has assigned a particular federal agency the task of enforcing the laws against counterfeiting. Yet US government cannot establish with certainty just what harm is caused by counterfeiting . Its all estimates and theories.
Pain and suffering damages are calculated by subjective criteria through and through. Essentially, what the jury thinks it should be. The damage due to piracy falls into that gray area of difficult of objectively determine damage.
You should understand that juries have generally agreed with the recording industry that piracy does cause damage and have awarded some big verdicts against those found guilty of piracy in the courts .