MichaelPalin: Could you elaborate? I don't understand the difference.
SimonG: Everything that isn't allowed but also not punished with criminal laws. Quite a lot of stuff if you think about it.
Eg. The possession of Marijuana is illegal in most countries, but you don't get charged for it (smaller amounts).
Piracy would still be illegal, as your copy is not covered by a license. But you would also not get punished with criminal laws. Any civil litigation would still be possible, as it is illegal. But pretty much pointless as there would be no ground for damages and any unjust enrichment claim would be as high as if you bought the license (20$).
That makes sense to me, as long as it's small scale piracy (not printing thousands of cpoies and tryign to pass them off as legit for instance). Punishment should fit the crime, and a "slap on the wrist" and a $20 "fine" is a befitting consequence of pirate a single game. Of course, it'd probably be $40, with $20 going to the IP holder and $20 going to the state as an "administration fee", but that's still ok - it should be high enough to discourage illegal activities, but within reasons.
With such a "system" the reported piracy numbers would probably become way more realistic - as it is today a lot of people "go all out", pirating everything they can without really intending to "consume" the song/game/movie/program. If you knew thee was a reasonably high risk of getting caught, yet if you kept it to reasonable amount you'd still be able to pay next month's rent, piracy would become lot less of a problem.
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