Between 2003 and 2008, the recording industry brought thousands of lawsuits against individuals who illegally downloaded copyrighted music. It was an aggressive effort to deter the practice, which the industry claimed cost it millions of dollars in lost sales.
The vast majority of defendants quickly settled rather than face steep damages, but two decided to go to trial. Now, for the first time, one such case is on the docket of a federal appeals court. At issue: whether the Copyright Act’s statutory damages provision is constitutional.
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