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Statutory Damages are awarded when actual damages are hard to compute or
when actual damages may not have occurred.
The court can set the damages between $750 and $150,000. Also, the court
can make the losing party pay the attorney fees of the winning party. The
idea behind statutory damages is not to compensate the copyright holder for
damages he suffered, but rather to punish the infringer for willfully
violating federal law.
Jim
Disclaimer: My responses to your questions are purely 'hypothetical' and I
do no purport to give you legal advice of any kind. If you indeed have a
real claim against a developer, then I strongly recommend that you consult a
licensed attorney with experience in intellectual property law.
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