Are RIAA lawsuit damages Constitutional?

If you get sued for file-sharing by the record industry, you can find yourself paying $750 per file in damages (the law allows a whopping $150,000 per file!). This Texas Law Review paper by J. Cam Barker examines this practice — the wholesale price of downloadable music being in the $0.70/song range — in light of the Constitution

In this paper, I argue that there is a constitutional right to not have a highly punitive statutory damage award stacked hundreds or thousands of times over for similar, low-reprehensibility misconduct. I point to the rationale behind criminal law's single-larceny doctrine, identify the concept of wholly proportionate reprehensibility, and use this to explain why the massive aggregation of statutory damage awards can violate substantive due process.


(via Recording Industry Vs the People)