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Copyright infringement is not about what you take, it's about what you make. The problem with basing compensation on sale value, at least in the context of an illicit download, is that the infringement is not wrongful appropriation of quantifiable property. There is no book/music/movie squeezed through cables to your home. Essentially what happens with a download is that one is communicated instructions they use to reproduce media using their own manufacturing equipment. Unlike typical wrongfully appropriated goods, the stuff also represents no real potential monetary value for the procurer (well, distribution is another matter I suppose). Frankly it makes everything rather confusing for me.
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