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Old 10-04-2007, 01:11 PM   #8
NatCh
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This is a civil case, right? If so then the issue at hand ought to be did she cause harm and how much. Damages should (in theory) be in line with the actual demonstrated harm, and any punitive award would be where they'd send the message to "other" infringers. I don't know what, if any, limits would apply there in this case.

Certainly if she's proven (to the jury's satisfaction) to have caused $1 million in harm to the plaintiff then the damages should be in line with that, regardless of her actual means. It's the way it works. There's no limitation tied to one's means to the actual harm one can cause: all the means a person needs to burn down a building for instance, is a few bucks for gas and matches, regardless of the value of the building.
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