REMEDIES
1) CIVIL º1203
- Temporary and permanent injunctions, but in no event impose a prior
restraint on free speech or the press protected by the 1st Amendment.
- Order impounding of any device or product involved in the violation.
- Award damages (money)
i) Actual damages and loss of profits
ii) Statutory damages of not less than $200.00 or greater than
$2,500.00.
- Recover the costs of defending the infringement
- Attorney fees to the prevailing party
- Order the modification or destruction of the device or product
- Treble (triple) damages for repeat violators
Court can reduce damages if violator was not aware and had no reason
to believe the acts constituted violation. (Innocent violator)
2) CRIMINAL º1204
- violate DMCA willfully and for purposes of commercial advantage
or private financial gain
First Offense - Fine of up to $500,000.00; up to 5 years in prison; or both
Subsequent Offenses - Fine of up to $1 million; up to 10 years in prison; or both
5 year Statute of Limitations (must be indicted within 5 years of the act)