In a crowded field of talented practitioners, MPAA piracy figures are standout examples of misleading, silly, outright BS. No wonder then, that the MPAA has asked a judge to exclude any data on losses due to piracy from its lawsuit against Isohunt.
"To permit consideration of actual damages under these circumstances would be perverse – and particularly unfair – given that Plaintiffs elected statutory damages precisely because their actual damages are not capable of meaningful measurement," the MPAA's legal team writes.
The MPAA argues that since the court has decided to award statutory damages, it is irrelevant to what extent their revenues are negatively impacted by online piracy.
"Defendants should not be permitted to exploit the inherent difficulty of proving actual damages in a case such as this as a basis for lowering the statutory damages award, especially when the very purpose of statutory damages was to provide a remedy that is not dependent on proof of actual damages."
MPAA Says Piracy Damages Can't Be Measured