Yes.
The statutory damage provision in the bill is intimately connected with the technological protection measures sections. In the digital lock sections, there's a provision that says that if you honestly believe you are not breaking a lock, then you shouldn't be penalized for doing so under the bill. The position of the council is that the same legal notion or concept should also be applied to the exercise of fair dealing rights under the bill. So the result would be that if you, as a teacher or a student, honestly believed that what you were doing was fair under the second test in the CCH case, then you shouldn't be liable for statutory damages. In fact, we went so far as to say there should be no damages at all.