Earlier quoted context omitted.
Human rights exist regardless of whether a particular legal framework honors them. Everyone has the right to speech, including the right to the private transmission of data, the right to assemble to pursue common interests, etc. Those rights have limitations when it comes to harming people, but people aren't being harmed by any particular copy of Duck Dynasty S06E03. The thing being harmed here is a business model. I…
Do business models not pay people's salaries? Is this not an interest worth protecting? I think you're view is in trouble (or at least, extremely radical) if it depends on the premise that no law that protects only financial interests can result in imprisonment. I think this is actually the one (perhaps only) point where copyright infringement is actually analogous to theft. Why do we prohibit shoplifting? Because sh…
Those are punishments.
Asking the violator to cough up the retail price of the pirated product on the other hand wouldn't be a punishment for criminal acts, it would be solving a civil dispute.
Of course making this work at scale is not something that can be done in courts. And making unilateral claims sufficient to require someone to pay up is a bad idea too.
That's why some propose a general copyright levy, or a "culture tax" that gets redistributed to producers.