Greatwyrm said:
By your own admission, they can "account for some piece". That means they can identify a definite financial loss. Just because they can't identify the entire loss doesn't mean they're not entitled to go after you for what they can identify.
The RIAA's figures may be silly, but plenty of people are taking the settlement deals rather than roll the dice with a jury. That tells me they're a bargain for the defendants.
You are COMPLETELY missing the point.
THEFT is VERY different than copyright infringement.
In the case of theft you can account for ALL of the loss because there REALLY is a loss. If someone steals 10 TVs from your store, then you are out ten TVs. Whether you never ever find out who did it is completely beside the point.
This is not remotely true for copyright infringement. You can not say how much of it has occurred because there is ZERO tangible impact on you.
If someone makes 1000 copies of your $10 PDF and you do not know about it then you will never be aware of ANY tangible impact. Completely unlike theft.
Now, if you discover that this person had made ten copies, then you know that a crime has been committed against you. You STILL have suffered ZERO tangible impact. But a $100 finding for you may be a perfectly reasonable starting point because that is what you would have demanded for use of your copyright. But that does not make it a $100 loss. Because finding out about the 10 creates zero economic difference between those ten and the other 990 you still do not know about.
If the RIAA was sufferring a tangible loss from downloading they could divide that loss by $/song and get the total number of songs copied anywhere and everywhere. Obviously it would be absurd to suggest that they could do so.
The settlements are based on potential judgements for the crime of copyright infringement. All you have established is that there are financial settlements for copyright infringement and there are also financial settlements for theft. To claim that this makes theft = copyright infringement is an extreme case of poor logic.
BTW, Where do you send your checks for singing Happy Birthday?
Does Michael Jackson still hold the copyright on that? No wonder he is going broke. Thousands of people steal that from him daily. It must add up to billions per year. It is a wonder the guy isn't in completely bankrupt on that money hole alone.