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Feltner's Pyrrhic Victory

4 Pages Posted: 30 Jul 2008 Last revised: 23 Oct 2010

Thomas G. Field Jr.

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

Date Written: 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.

Keywords: Statutory reformation, statutory damages, Seventh Amendment

JEL Classification: K11, K41

Suggested Citation

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

Thomas G. Field Jr. (Contact Author)

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

Two White Street
Concord, NH 03301
United States

HOME PAGE: http://https://law.unh.edu/faculty/field

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