Yes, statutory damages of $150,000 for each work infringed. The fact that it was commercial infringement would be aggravating and more supportive of the full penalties if litigated.
But lawyers often repeat the phrase "you can't squeeze blood from a turnip." It's unlikely that whoever infringed the copyright would be able to afford a judgement like this, and so suing them would be pointless. DMCA would be an easier way for the actual copyright holders to take this down without bankrupting themselves on fruitless litigation.
A note to the OP: copyright infringement is not "stealing" because infringement does not deprive someone else of the use of the work. You wouldn't download a car.
Sure, but "you can't recover damages because the other person has no money to take" is a totally different argument from "you can't get damages because the other person didn't cause any harm".
Thanks for expanding on it. But just to be clear, statutory damages are "up to" $150,000 in the U.S. I don't think a court would award that much in this case. Do you know of comparable cases that got the maximum?
Comments
Yes, statutory damages of $150,000 for each work infringed. The fact that it was commercial infringement would be aggravating and more supportive of the full penalties if litigated.
But lawyers often repeat the phrase "you can't squeeze blood from a turnip." It's unlikely that whoever infringed the copyright would be able to afford a judgement like this, and so suing them would be pointless. DMCA would be an easier way for the actual copyright holders to take this down without bankrupting themselves on fruitless litigation.
A note to the OP: copyright infringement is not "stealing" because infringement does not deprive someone else of the use of the work. You wouldn't download a car.
Sure, but "you can't recover damages because the other person has no money to take" is a totally different argument from "you can't get damages because the other person didn't cause any harm".
Thanks for expanding on it. But just to be clear, statutory damages are "up to" $150,000 in the U.S. I don't think a court would award that much in this case. Do you know of comparable cases that got the maximum?