phillymjs's Journal: Judged by an Anonymous Coward

So I'm working late tonight, testing out some backup software. While I'm waiting for an OS update to download and install on my company's labserver before I install the backup software, I decide to hop onto /. to pass the time. I see this:

You have 1 new message waiting for you.

I click the link, and see that someone has replied to my post under "New iPod Firmware Locks Out RealNetworks' Music" article. Instead of an on-topic reply, I was greeted by this:

Just noticed your sig and read your journal entry on the junk faxes. Glad you nailed the jackass, but what you did with the "winnings" makes me sick. Did those junk faxes + your time fighting the case actually cost you $6,000?? I'd be willing to bet that hell no, they didn't. Then why the fuck did you get all greedy and spend that money, not rightfully yours, on yourself? Asshole.

You may have had a legitimate case, but these sorts of damages are exactly what's wrong with the legal system. They encourage frivolous bullshit lawsuits that tie up the system because people are looking for a big fat payday. Punitive damages should be kept to punish the wrongdoer, but the plaintiff should not get one red cent beyond reasonable, itemized compensation for actual damages. No emotional distress bullshit (you CAN NOT put a price on that, any attempt to do so is pointless - life sucks sometimes, deal with it; therapy is another story, and should be included in itemized damages), no $500 a freaking fax ($1000 actually with your lawyer). That probably cost you, what, 20 cents max? Probably much less?

Instead, punitive damages should go to a charity of the court's choosing. Preferably related in some way to the case. Or to some government fund to help reduce overall taxes. The bad guys get punished but the lameass "good" guys don't get all greedy and clog things up with bullshit.

I understand you settled out of court so in effect it was a private transaction, not subject to any hypothetical laws or judicial conventions I propose. But I still maintain that it was unethical for you to spend that money as you did, because it was not rightfully yours. The faxer did not do $6,000 worth of damage to YOU, so you are not morally entitled to $6,000 in compensation. The faxer did deserve the $12,000 penalty because he was surely doing it to others, plus it would deter him from doing it again.

You should have given that money to charity - maybe bought a few iMacs for an underfunded school computer class.

First of all, Mr. Anonymous Coward, you can kiss my ass. If you want to judge me and/or lecture me on what is and is not moral, at least have the balls to post using your /. nick.

Secondly, the money was and is rightfully mine because the law says so, period. Tell you what, Sparky-- if you don't like the law, then bitch to your elected representatives or run for office yourself to try to get it changed. Don't tear into me because I acted in accordance with it to claim what it says I can claim.

Good call.

[Anonymous Coward]

It's very easy for some asshole to tell you to donate money to charity. You nailed the bastard. You kept the money. That's how it works.

dear Mr. Anon asshole

[sootman]

how is it that you can afford to post on slashdot? instead of buying that fancy compooter, you should've given the money to CHARITY!!!11

we see this in every /. thread on neat gear--'who would buy that home theater system?!? you should give that money to the homeless this holiday instead!'

Furthermore, mr. anon asshole, the law is perfect as it is. If I go after a company and only get back *exactly* what I put in, there's not much incentive to do it, is there? with no incentive on the part of the wronged, there is no punishment for the theiving assholes of the world. yeah, that's *just* what we want, a world where thieves aren't punished! fuckwad.

thanks for the story and link, my new /. friend

[michaelredux]

after winning the fight against spam a couple of years ago, these days almost nothing irritates me as much as junk faxes. i'm sorry that i'm so shallow that i dont get equally as angry and motivated to take action about the ongoing genocide in africa that i've heard rumors about, and other important issues and causes that probably deserve my time and attention a lot more. (although i do support a number of charities including the christians childrens fund, i'm sure i could and should do more)

but, i have

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