Abstract

http://ssrn.com/abstract=1179267
 
 

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Feltner's Pyrrhic Victory


Thomas G. Field Jr.


University of New Hampshire School of Law (formerly Franklin Pierce Law Center)

July 26, 2008


Abstract:     
Congress intended juries to have no role in awarding copyright statutory damages. John, G. Roberts, Jr., however, prevailed in arguing on certiorari that a $8.8 million non-jury award ran afoul of the Seventh Amendment. Some, including the defendant, might expect such a ruling, absent amendment, to spell the end of the provision in question. Yet, as recounted in this brief comment, the provision in issue was nevertheless found to support a subsequent jury award of $31.68 million.

Number of Pages in PDF File: 4

Keywords: Statutory reformation, statutory damages, Seventh Amendment

JEL Classification: K11, K41

working papers series


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Date posted: July 30, 2008 ; Last revised: October 23, 2010

Suggested Citation

Field, Thomas G., Feltner's Pyrrhic Victory (July 26, 2008). Available at SSRN: http://ssrn.com/abstract=1179267 or http://dx.doi.org/10.2139/ssrn.1179267

Contact Information

Thomas G. Field Jr. (Contact Author)
University of New Hampshire School of Law ( email )
Two White Street
Concord, NH 03301
United States
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