http://www.p2pnet.net/story/9074 p2pnet.net - reader powered Wed, 01 Feb 2012 15:11:09 -0300 http://wordpress.org/?v=2.8.4 hourly 1 http://www.p2pnet.net/story/9074/comment-page-1#comment-48140 Reader's Write Fri, 16 Jun 2006 20:55:36 +0000 #comment-48140 The other issue, which the cartels absolutely do NOT wanted tested in court, is whether or not the statutory damages specified in Title 17 USC (Federal Copyright Laws) violates the "excessive fines" clause of the 8th Amendment to the US Constitution. Normally the clause applies only to bar the Government from levying excessive fines (i.e., a $500,000.00 fine for littering,) but it also has applicability in a civil proceeding where parameters for damage awards are specified by staute. In this case, although the money is awarded to the copyright holder as 'damages', it's intent is as a deterrent, as would be a fine. The copyright holder need not present evidence as to actual damages but must provide argument to justify what they've requested as such deterrent 'damages' in an infringement case. The other issue, which the cartels absolutely do NOT wanted tested in court, is whether or not the statutory damages specified in Title 17 USC (Federal Copyright Laws) violates the “excessive fines” clause of the 8th Amendment to the US Constitution. Normally the clause applies only to bar the Government from levying excessive fines (i.e., a $500,000.00 fine for littering,) but it also has applicability in a civil proceeding where parameters for damage awards are specified by staute. In this case, although the money is awarded to the copyright holder as ‘damages’, it’s intent is as a deterrent, as would be a fine. The copyright holder need not present evidence as to actual damages but must provide argument to justify what they’ve requested as such deterrent ‘damages’ in an infringement case.

]]> http://www.p2pnet.net/story/9074/comment-page-1#comment-47902 Reader's Write Thu, 15 Jun 2006 23:31:48 +0000 #comment-47902 Gee, the main accent colors of the Captain's outfit are Green and Gold, so we know what he is all about. If fact, I wonder who the genius was to come up with that incredibly cynical idea for his outfit. I would think if they wanted something that appealed to children they would have come up with something more accessible they could relate to rather than a smarmy, squared-jawed, superhero cliché that more resembles something of an updated version of a steroid-abusing caricature of Dudley 'Dianabol' Do-Right who looks like he's about to scold everyone to eat their vegetables (and supplements). Gee, the main accent colors of the Captain’s outfit are Green and Gold, so we know what he is all about. If fact, I wonder who the genius was to come up with that incredibly cynical idea for his outfit. I would think if they wanted something that appealed to children they would have come up with something more accessible they could relate to rather than a smarmy, squared-jawed, superhero cliché that more resembles something of an updated version of a steroid-abusing caricature of Dudley ‘Dianabol’ Do-Right who looks like he’s about to scold everyone to eat their vegetables (and supplements).

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