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Judge: Piracy May Help Sales, Not Hurt Them

Posted by: , 18:22 AEDT, Thu November 3, 2011

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Piracy may not hurt sales, and may in fact help sales, a Spanish judge rules in a piracy case

A judge in Spain has come up with the somewhat controversial conclusion that not only is it hard to determine the actual losses to rightsholders due to piracy, that piracy in some cases may actually lift revenue.

In a small case involving piracy, the local judge found it difficult to determine the actual amount of damages because it is difficult to determine just how many people that used the pirated product would have purchased the legal version, had the pirated product not being available at the time.

The judge then went on to argue that, after the customer of the pirated product goes on to view or listen to the content, he or she may end up buying the legal copy, and the act of piracy ends up helping the market.

The judge then went on to rule out the need for any compensation in the case involving a seller of pirated goods.

While it's a ruling that's unlikely to be repeated in other courts around the world, or even in Spain, the ruling is significant as it's the first legal ruling which takes into account the fact that not all acts of piracy is a potential loss sale.


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