Quote:
Originally Posted by zzroger
... if the judge decides that 'on balance of probability' you commited this breach (copyright infringement is not a crime, it's a civil issue), but the probability is skewed a tad toward the defendent, then fine the defendent a salutary amount and smack the wrist. If the judge has a high degree of certainty, then award damages to the amount of damage. Which in my opinion is, not a lot.
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Currently, judges don't get to assign fines without a trial, and the defendant having the right to present evidence indicating their lack of guilt. Judges don't get to have a "high degree of certainty" without hearing evidence from both sides.
Also, the plaintiffs here are often claiming the damages done are worth the full amount that copyright law allows, up to ~$150,000 per violation.