Harvard professor says downloading is 'fair use'

"By including the remedies side by side in the Copyright Act, there is a strong textual suggestion that they are to a certain extent comparable to one another; that in some way they provide the same remedy for plaintiffs."

"Interpreting the Copyright Act so that its statutory damage provision does not apply to noncommercial users is more than reasonable," he said. "It is not only reasonable to interpret the Copyright Act so as to apply its statutory damage provisions only to commercial infringers, it is constitutionally compelled."