5 ms·

Punitive damages is a thing.

• User23 6y ago
  Juries don’t like awarding them. The cases you hear about are newsworthy precisely because it’s so unusual.
  • bluGill 6y ago
    If there were many of them either the supreme court or congress will likely limit them. That isn't to say either of the above think they are wrong so much as it is easy to see how they can be abused.
    • dragonwriter 6y ago
      > If there were many of them either the supreme court or congress will likely limit them. The Supreme Court has suggested a soft limit, suggesting, IIRC, that it is rare that an award of more than a single digit multiple of actual damages will satisfy due process analysis.
• dragonwriter 6y ago
  > Punitive damages is a thing. What is the cause of action here allowing damages, punitive or otherwise? Stating a copyright claim in a DMCA takedown notice based on a different reading of how the four factors of fair use, which the statute doesn't explicitly set standards for or any details on how they interact, differently than a court later interpreted them? Sure, if the court viewed things your way Netflix would lose a copyright infringement case against you, but that's about it.