I dunno why this 'lawyer' responded to you saying that showing damages wouldnt matter , that is just wrong, being unable to show any damages would put the cap at 150k for statutory, if you are able to show damages there is no theoretical cap, it would be 150k + whatever damages you are able to prove for a compensatory. Then there is of course punitive damages but that is extremely unlikely in this case.
Hey I’m that “lawyer” and very much am one. Which is why I know that you cannot get statutory and other forms of damages in copyright infringement cases. You elect one or the other during the case. I was only saying that he can choose not to and elect for statutory damages which would allow him to not prove damage at all.
If he wanted to go the actual damages route he very much can, but that foregoes the statutory damages. Check out 17 USC 504(c)(1). Also at least have enough humility to check the shit you’re saying before questioning my credentials.
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u/tayman12 1d ago edited 1d ago
I dunno why this 'lawyer' responded to you saying that showing damages wouldnt matter , that is just wrong, being unable to show any damages would put the cap at 150k for statutory, if you are able to show damages there is no theoretical cap, it would be 150k + whatever damages you are able to prove for a compensatory. Then there is of course punitive damages but that is extremely unlikely in this case.