4 ms·
1. where's the case law that makes it apply to corporations? 2. how is 100x the crime excessive, but $150,000 per pirated song isn't? That's a lot more than 1
by hwillis 2y ago
1. where's the case law that makes it apply to corporations?
2. how is 100x the crime excessive, but $150,000 per pirated song isn't? That's a lot more than 100x the cost of a song.
- smugma 2y agohttps://en.m.wikipedia.org/wiki/Eighth_Amendment_to_the_United_States_Constitution https://en.m.wikipedia.org/wiki/Eighth_Amendment_to_the_Unit... Waters-Pierce Oil Co. v. Texas, 212 U.S. 86 (1909)
- zeroonetwothree 2y ago> Where a state antitrust law fixed penalties at $5,000 a day, and, after the verdict is guilty for over 300 days, a defendant corporation was fined over $1,600,000, this Court will not hold that the fine is so excessive as to amount to a deprivation of property without due process of law where it appears that the business was extensive and profitable during the period of violation and that the corporation has over $40,000,000 of assets and has declared dividends amounting to several hundred percent Seems like it would be acceptable to fine Amazon 100x more then
- Aloisius 2y agoThe $150K/song isn't a government fine, but rather statutory damages awarded to the plaintiff (the copyright holder), so it isn't limited by the prohibition on Excessive Fines.
- q1w2 2y agoIt was also never awarded - it's a made-up number.