Lawsuits are multifaceted. This statement isn’t a a defense or an argument for innocence, it’s just what it says - an assertion that the proposed damages are unreasonably high. If the court agrees, the plaintiff can always propose a lower damage claim that the court thinks is reasonable.
You’re right, each of the 5 million books’ authors should agree to less payment for their work, to make the poor criminals feel better.
If I steal $100 from a thousand people and spend it all on hookers and blow, do I get out of paying that back because I don’t have the funds? Should the victims agree to get $20 back instead because that’s more within my budget?
None of the above. Every professional in the world, including me, owes our careers to looking at examples of other people’s work and incorporating their work into our own work without paying a penny for it. Freely copying and imitating what we see around us has been a human norm for thousands of years - in a process known as “the spread of civilization”. Relatively recently it was demonized - for purely business reasons, not moral ones - by people who got rich selling copies of other people’s work and paying them a pittance known as a “royalty”. That little piece of bait on the hook has convinced a lot of people to put a black hat on behavior that had been considered normal forever. If angry modern enlightened justice warriors want to treat a business concept like a moral principle and get all sweaty about it, that’s fine with me, but I’m more of a traditionalist in that area.
Lawsuits are multifaceted. This statement isn’t a a defense or an argument for innocence, it’s just what it says - an assertion that the proposed damages are unreasonably high. If the court agrees, the plaintiff can always propose a lower damage claim that the court thinks is reasonable.
You’re right, each of the 5 million books’ authors should agree to less payment for their work, to make the poor criminals feel better.
If I steal $100 from a thousand people and spend it all on hookers and blow, do I get out of paying that back because I don’t have the funds? Should the victims agree to get $20 back instead because that’s more within my budget?
None of the above. Every professional in the world, including me, owes our careers to looking at examples of other people’s work and incorporating their work into our own work without paying a penny for it. Freely copying and imitating what we see around us has been a human norm for thousands of years - in a process known as “the spread of civilization”. Relatively recently it was demonized - for purely business reasons, not moral ones - by people who got rich selling copies of other people’s work and paying them a pittance known as a “royalty”. That little piece of bait on the hook has convinced a lot of people to put a black hat on behavior that had been considered normal forever. If angry modern enlightened justice warriors want to treat a business concept like a moral principle and get all sweaty about it, that’s fine with me, but I’m more of a traditionalist in that area.