The Motion Picture Association of America on Friday stated that copyright owners should receive damages–up to $150,000 per copyright violation, without having to prove that any copying (such as downloads by other Kazaa users) took place.

“Mandating such proof could thus have the pernicious effect of depriving copyright owners of a practical remedy against massive copyright infringement in many instances,” MPAA attorney Marie L. van Uitert wrote Friday to the federal judge overseeing the Jammie Thomas trial.

Its an interesting concept that’s not really all that far out. Currently, copyright owners have an exclusive right to distribute their work. So if someone else distributes it, they are liable to the copyright owner for damages. The MPAA is arguing that “making available” for distribution, such as adding content to a shared folder on a P2P system is also a violation of the exclusive rights of copyright holders, regardless of whether any distribution occurs.

Impure thought versus outright wrongs? Intent to distribute? Our ethical and legal systems recognize intention to do acts and metes out penalties for these intentions, regardless of whether they are carried out. Its a concept that makes sense when the property that is being sold is just as intangible. Besides, getting proof is a lot of work.

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