At the moment when the Canadian copyright lobby is encouraging the government to increase the damages associated with copyright infringement and the U.S. is proposing to increase copyright penalties, the UK Government has announced that it is proposing to eliminate the award of punitive damages in civil cases of copyright […]
Post Tagged with: "statutory damages"
Last fall's Sony rootkit case, in which Sony placed hundreds of thousands of personal computers at risk for viruses and other security breaches by surreptitiously placing DRM on dozens of its music CDs, is a model illustration of the havoc that DRM misuse can generate. While the Sony case is not an abuse of dominant position case, there are good policy reasons to create disincentives to ensure that overzealous companies will not misuse DRM.
Several potential disincentives come to mind.