Quote:
Originally Posted by howyoudoin
I don't disagree at all. My point makes more sense when viewed from the angle of what the quantum of punishment is. If you're fining one guy 50$ for speeding, and another guy 300,000$ for using a torrent, you'd expect them to have a stronger case against the guy being fined higher.
|
The theory is, speeding puts all of society at risk, which is why it's a crime, punished by the state. Penalties are small for low-damage crimes (which speeding is, if there's no accompanying damage).
Copyright infringement is a tort, a civil infraction--to go to court, the rights holder has to complain about damages. Nobody else can go to court for him (just like contract violations--if the parties involved are content with how things are working out, they're not obligated to take each other to court, and nobody else can make them). Because of the greater hassle of getting to court at all, and the lack of resources for prosecuting (individuals don't have a whole police force to help with their investigating) civil violations tend to have higher penalties than criminal ones with similar types of damage.
Switching some types IP laws from civil to criminal might be reasonable--if they simultaneously lowered the penalties to match the actual harm to society.