Profs protest massive P2P damage awards
So how do we fix the system? Pam Samuelson and Tara Wheatland, both of the University of California, Berkeley, have some suggestions.
Finally, when Congress eventually turns to overhaul copyright law again, Samuelson and Wheatland have a final suggestion. "Congress might even want to reconsider whether statutory damages are serving a truly useful purpose in copyright law, given that the rules of evidence about proof of damages and profits are much less rigorous now than they were when statutory damages were first created and given how few other countries have statutory damage regimes."