It assumes the alternative is “everyone buys at retail price” rather than “they just don’t buy, the pirates go without, and the sellers make no more money.”
I haven’t looked at the math used in this case, but if they’re using retail price that’s actually much less distorted than I’d expect. Historically, the more motivated liars would use statutory damages for each instance. Since statutory damages were set based on assuming intended commercial re-use rather than personal, that overstates the impact by 2-7 OOMs. Even still
It assumes the alternative is “everyone buys at retail price” rather than “they just don’t buy, the pirates go without, and the sellers make no more money.”
I haven’t looked at the math used in this case, but if they’re using retail price that’s actually much less distorted than I’d expect. Historically, the more motivated liars would use statutory damages for each instance. Since statutory damages were set based on assuming intended commercial re-use rather than personal, that overstates the impact by 2-7 OOMs. Even still
Your last sentence hasn’t been finished.
Sorry, that was a fragment I meant to remove. Please disregard.