Judge James P. Jones threats to the life of associations for the protection of copyright, such as e-RIAA, MPAA and BSA. In fact, in his final decision, relating to re-start the process against the 26-year-old Daniel Dove concluded that every illegal download don’t mean the loss of the amount that would be gained by selling the downloaded content.

At the previous trial Dove was proclaimed guilty of copying and distribution of copyright protected works, as well as for conspiracy of the infringement of copyright. His sentence was about half a year to 18 months imprisonment for each of the two points of the indictment, plus $20,000 fines (10,000 under indictment).

Second vision

Of course, the RIAA had a different method of calculating damages. Dove, as webmaster and administrator of Web site Elite Torrents enabled 17,281 download 183 music albums and the RIAA concluded that he made the damage to the publishers of $124,768 (17,281 times $7.22, which is the exact sum of on-line albums for 2005 year, when he was accused).

With the RIAA, also Lionsgate Entertainment has requested a retrial because they believed that they were damaged by Dove for $ 880,000 (Dove over torrent shared the 700 movies, which 28 were from Lionsgate).

Rejecting appeals of RIAA’s and Lionsgate was explained of Judge Jones. He said – those who illegally download some content usually have no intention to buy it, or, they will not buy it even if they find that content on some other ways. This is a legal precedent, but it should be remembered that it was a case of criminal lawsuit, while in private litigation still apply other rules of the game. Concept by which the number of download equals a loss of money is wrong, says judge.

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