"Gertner found there is quite a bit of evidence that Congress did not intend statutory provisions to be applied this way," McSherry said. "She concluded that the [original] damages award went far beyond what Congress intended or contemplated."

McSherry said that finding people liable for huge awards when they didn't attempt to profit from the distribution of the songs is unreasonable. "Both Davis and Gertner," McSherry said, "have found that these awards are fundamentally out of whack."

Friday, July 9, 2010