Since we're not ever going to see the Doe come forward in this case to actually stand up for their rights, who has the right to file on their behalf for damages? It would be nice to see the bank and google each forced to pony up to fund a legal scholarship for someone wanting to study Copyright/IP law.
Of course, that raises the issue of 'what are fair damages?' - individuals and corporations are extremely different when it comes to what actual dollar figures represent so it seems the only fair way to determine this would be to say that the Doe was offlined for x days. The bank and Google should each be required to pay (x/365)*(GrossEarnings), effectively offlining them for those days as well.
If there's no fiscal consequences, there's no incentive for this not to become a DoS attack.
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(untitled comment)
Of course, that raises the issue of 'what are fair damages?' - individuals and corporations are extremely different when it comes to what actual dollar figures represent so it seems the only fair way to determine this would be to say that the Doe was offlined for x days. The bank and Google should each be required to pay (x/365)*(GrossEarnings), effectively offlining them for those days as well.
If there's no fiscal consequences, there's no incentive for this not to become a DoS attack.
Techdirt has not posted any stories submitted by Eli.
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