Stealing Legally

  • Larry Lessig: Kluger Krugman. So defraud Californians of $9 billion, pay $1 million. But develop a new technology to make it easier for people to get access to music that they have presumptively purchased: pay more than $54 million.

  • Comments


    Posted by: on September 3, 2003 08:31 AM

    This is incredibly sloppy, Dan.

    1. Only a third (15 of 43) of the companies involved
    have actually settled with FERC (or, in some cases,
    been exonerated).

    2. According to a Reuters report published on the WBUR website
    (do a google news search for “ferc california settlement”,
    and you’ll probably find it in several places), two of
    those 15 companies settled for over $800,000 each,
    so the “$1 million” dollar figure is clearly bogus.
    And at least one of those (Reliant) was cleared of
    allegations it had been gaming the system: their
    fine was for another form of hanky-panky.

    3. FERC isn’t supposed to suck up all the ill-gotten gains
    as fines: those are *criminal* penalties, and the recovery
    of the money we were swindled out of is a completely
    separate *civil* case.

    And the discussion of mp3.com is even worse: they
    didn’t invent any “new technology”. What they “invented”
    was a new legal doctrine of “space shifting”, and
    proceeded to build a business around it. Despite warnings
    from lawyers that it wasn’t going to fly in court.

    As we know, it didn’t. And, when the dust settled,
    Robertson (whose hare-brained notion sank the company)
    walked away about $250 million dollars richer, while
    the people who bought and held stock at the IPO wound up
    losing about 80% of their investment.

    There may be an example of “stealing legally” here, but.
    if there is, it’s not the energy companies (who haven’t
    finished with the legal system yet).


    Posted by: Ray Ritchey on September 3, 2003 02:02 PM

    Article with details on the various settlements…

    http://www2.ocregister.com/ocrweb/ocr/article.do?id=55143&section=BUSINESS&subsection=OC_REGION&year=2003&month=9&day=3

    California criticizes FERC settlements
    It says amounts are small part of what state is owed for illegal energy trading; the largest agreement so far is $857,089.


    Posted by: A Halifax Lawyer on February 10, 2004 07:52 AM

    I am new to the internet and I am surfing here and this is very interesting reading. I did a search in the search engines on “company blog” and I found your web blog.
    I am a Lawyer in Halifax, Nova Scotia, Canada and thus my interest in searching for a company blog on the WWW.
    I just wanted to see how the rest of the world thinks and see what trends and technology are happening in the world. I also was interested in a blog for myself which might possibly lead to a blob for my law firm, you never know, that is if I can understand the technology of operating a blog and from what you are discussing I am somewhat hesitant right now.
    The different things discussed on a website found by searching for “company blog” in the search engine is very amusing reading to this Halifax Lawyer.

    Respectfully yours
    B. J. Stephens, LL.B.
    A Halifax Lawyer

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