Copyright law and the Internet are at an impasse. The looming
question is how to approach unlicensed distribution of copyrighted
works in the age of peer-to-peer networks. To supplement profits from
copyrighted works, copyright holders have devised a mass-litigation
model to monetize, rather than deter, infringement. Because of the
existence of statutory damages, plaintiffs utilize the threat of outlandish
damage awards to force alleged infringers into quick settlements.
Statutory damages incentivize litigation-based businesses and
encourage copyright holders to waste judicial resources by litigating
even when actual damages are nominal. This Article presents an
analysis of the legal and policy issues that arise in a mass-litigation
model primarily through filings in federal district courts. After a
discussion of the original purposes of U.S. copyright law, this Article
concludes that statutory damages should be removed from the 1976
Copyright Act.