[Inaudible--Editor]...suggestion. If the goal is to provide flexibility here to judges to take private purposes into account, I think that's what the concern is. A good way to do this would be to leave the statutory damages provision exactly as it is, but to make infringement for private purposes a special case under proposed subsection 38.1(3), which would let judges reduce the damages to zero if it was appropriate.
On March 1st, 2011. See this statement in context.