Universal & UMG
successfully argued that 10:1 punitive damages are unconstitutional in previous copyright infringement case (against them, of course). However when the
shoe's on the other foot, they think that getting a 23,000:1 punitive damages to actual damages ratio (which is what was awarded in the Jammie Thomas case)
is just fine. I suspect this, more than anything else, will have a ripple effect big enough to crush the RIAA litigation campaign, if suddenly the prospect of
enormous awards vanishes, encouraging more people to fight their cases with the worst thing happening being that they have to pay actual damages (essentially,
buying the pirated material at retail prices, and maybe a little extra tacked on for punitive damages).

