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首页> 美国政府科技报告 >Statutory Damage Awards in Peer-to-Peer File Sharing Cases Involving Copyrighted Sound Recordings: Recent Legal Developments
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Statutory Damage Awards in Peer-to-Peer File Sharing Cases Involving Copyrighted Sound Recordings: Recent Legal Developments

机译：涉及受版权保护的录音的点对点文件共享案件中的法定损害赔偿：最近的法律发展

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摘要

Peer-to-peer (P2P) file sharing networks permit computer users to share with others digital files that are stored on their computers hard drives. While P2P file sharing technology could be used for legitimate purposes, P2P users most often copy and distribute digital files that contain copyrighted sound recordings, television shows, and motion pictures, without the permission of (or payment to) the copyright holders; as such, it is a violation of the copyright holders exclusive rights to control the reproduction and distribution of their works. P2P networks such as Napster, Grokster, Morpheus, Kazaa, and LimeWire have all been sued for copyright infringement or for inducing their users to commit copyright infringement, and most have shut down or changed their business models as a consequence of their adjudged legal liability. In addition, many users of P2P networks have been subjected to copyright infringement lawsuits filed by the motion picture and music recording industry associations that represent movie and sound recording copyright holders, respectively. The vast majority of these lawsuits have settled, with the file sharer agreeing to pay compensation to the copyright holders. However, a few of these cases have gone to trial, and two cases in particular resulted in substantial jury awards to the plaintiffs. These awards were based on the Copyright Acts allowance of statutory damages of between $750 to $30,000 for each act of infringement, and up to $150,000 in cases where the infringement is committed willfully. Congress granted the copyright owner the power to choose to recover either statutory damages or the owners actual damages plus additional profits of the infringer at any time before final judgment is rendered. Statutory damages serve both compensatory and deterrent purposes: they provide the copyright owner with restitution of profit and reparation for the harm suffered by the owner in situations where it may be difficult or impossible to submit evidence of actual damages (such as lost profits), and they also punish the infringer and discourage that individual, and others, from further infringement.

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