Comment Re:Finding Easter Eggs in the Legal Code (Score 1) 393
The damages calculus becomes much more difficult where the defendant generates only "indirect" profits from the infringement...
So no, that's not entirely true. STATUTORY damages are always the same, but I think that's precisely his complaint: COMPENSATORY damages, the kind of damages that we think of as being "fair" actually ARE different if the infringement is non-commercial, so it's arguably wrong for statutory damages to do away with such distinctions. IANAL, but that's my take.