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Originally Posted by HarryT
Sorry, but that makes no sense. The dishonest person should be punished. Saying "you'll only have to pay 10% of what you've taken" isn't a punishment at all - it's more like a reward!
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Your argument is based on the premise that the real value of the downloaded item is its face value. That, I believe, is wrong. The typical downloader is not the person who would spend $1,000 on a piece of software. If he gets caught breaking the law, even if the fine is not a multiple of the face value of the software he downloaded, in no way would he profit from his actions.
It is the usual fallacy of RIAA and others who throw around imaginatively high numbers of supposed damage, while completely ignoring the fact that those who commited the criminal act of downloading something are often not the ones who would have purchased the item to begin with.