Thursday, October 8, 2009
My response to Professor Samuelson on Constitutional Limits to Statutory Damages
PENNumbra, the online supplement to the University of Pennsylvania Law Review, has now posted my response to Berkeley Law School Professor Pamela Samuelson in our continuing debate over possible constitutional limits to copyright statutory damages. I argue the position that last summer's awards against peer-to-peer infringers Jammie Thomas-Rasset and Joel Tenenbaum, though large, do not violate the Constitution, and should not be analyzed under the "guideposts" for evaluating punitive damages set forth in BMW v. Gore. Professor Samuelson and I will each get one more round to speak our respective minds.