Certainly.
Essentially, the challenge with this new kind of two-tiered system of statutory damages is that for the non-commercial tier it sets a new range between $100 and $5,000, but unlike the current regime, it actually is not on a per infringement basis. It will apply to all infringements that people have ever engaged in from the entire history of their life from the day the legal proceedings are filed. Over and above that, it also says, “all other rights holders, after the first one, will be barred from collecting statutory damages and will not be able to obtain that”.
The perverse incentives this creates means that you have a maximum capital of $5,000 for infringement, which creates a perverse incentive to maximize the value of that cap and actually download as much as you can once you start--