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It's not as "off" as you think. Punitive damages limitations have already been applied to common law copyright cases, and numerous courts have considered, but n
by MaxwellKennerly 17y ago
It's not as "off" as you think. Punitive damages limitations have already been applied to common law copyright cases, and numerous courts have considered, but not ruled on, their application to the statutory regime.
But there's a more basic issue: it doesn't matter if the damages arise by statute or common law, the constitution protects the defendant all the same. Congress has no power to override a due process protection.
- grellas 17y agoI obviously agree with the basic issue that Congress has no power to override a due process protection. I just don't think this approach to the problem is going anywhere. Mea culpa (and apologies), however, for overstating my point. There are two sides to this.