http://blogs.law.harvard.edu/infolaw/2008/09/25/should-congress-cap-statutory-damages/ Information, Law, and the Law of Information Fri, 27 Nov 2009 15:32:44 -0500 http://wordpress.org/?v=2.8.5.2 hourly 1 http://blogs.law.harvard.edu/infolaw/2008/09/25/should-congress-cap-statutory-damages/comment-page-1/#comment-90472 Info/Law » Eye-Popping Statutory Damage Award in File-Sharing Retrial Fri, 19 Jun 2009 01:48:40 +0000 http://blogs.law.harvard.edu/infolaw/?p=425#comment-90472 [...] Last year, the trial judge who presided over the trial of accused file-sharer Jammie Thomas suggested that the jury’s award of $222,000 in statutory damages in the first trial may have been excessive. [...] [...] Last year, the trial judge who presided over the trial of accused file-sharer Jammie Thomas suggested that the jury’s award of $222,000 in statutory damages in the first trial may have been excessive. [...]

]]> http://blogs.law.harvard.edu/infolaw/2008/09/25/should-congress-cap-statutory-damages/comment-page-1/#comment-65976 Derek Bambauer Tue, 30 Sep 2008 14:49:54 +0000 http://blogs.law.harvard.edu/infolaw/?p=425#comment-65976 I'm not a constitutional law expert, but is there any chance that the due process constraints imposed by the Supreme Court in BMW v. Gore and Exxon Shipping v. Baker might apply to Congressional legislation as well? Are there any due process constraints on statutory damages, or is the "notice" worry that BMW and Exxon focus upon solved by the availability of the statutory schedule for damages? Just a thought. I’m not a constitutional law expert, but is there any chance that the due process constraints imposed by the Supreme Court in BMW v. Gore and Exxon Shipping v. Baker might apply to Congressional legislation as well? Are there any due process constraints on statutory damages, or is the “notice” worry that BMW and Exxon focus upon solved by the availability of the statutory schedule for damages? Just a thought.

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