Re: cert petition granted

On Tue, 14 Oct 1997, Mark Lemley <mlemley[_at_]mail.law.utexas.edu> wrote:
>
> I don't think I've seen any mention on this list of the Supreme Court's
> grant of cert in a second copyright case this term. The case presents
> the question whether a copyright plaintiff is entitled to a jury trial
> in awarding statutory damages, despite the language of the statute.

I'll confess my ignorance of the cases.

Mark, is the question granted cert whether a defendant is entitled to a jury trial as to the damages, or whether it is entitled to a jury trial to determine the factual question of infringement, even where the remedy is statutory damages? It would surprise me that there could be a split where a court of appeals could find that the amount of the statutory damages is a question for the jury, in light of the text of the statute. (Of course, I've been surprised by courts of appeal before, so that's not saying much.)

Is there a circuit split on this? What are the lower court case(s)?

--
Terry Carroll       | "Mars ain't the kind of place to raise your kids.
Santa Clara, CA     | In fact, it's cold as hell."  - Bernie Taupin, 1972
carroll[_at_]tjc.com     | "Air temperatures ... show an afternoon high near +9
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