Judge Posner advocates a softer approach to plagiarism. You cannot read his essay here. You can read it from here, after you pay for it. He argues it causes little harm. I add, it causes a benefit as a form of advertising. The benefit should be subtracted from any money damage awarded for plagiarism or copyright violation.
For example, a person uploads an MP3 song. One hundred people download it. Of those, ten like it so much, they buy the CD. If the value of the ten bought CD's is not subtracted from the claim settlement, then the record company has been unjustly enriched. The same is true for the cost of the advertising it would have taken to get ninety people to sample it.
I want to, but I cannot buy Judge Posner's book because of his hypocrisy.
2 years ago