I'll admit I didn't consider statutory damages. But the judge addresses that in his opinion. The Internet Archive argues that as a nonprofit, statutory damages shouldn't apply. Tbe judge says it's just the wrong phase of the trial for that argument altogether.

You can say there's some potential there for a worst-case scenario - but even then, we don't "lose" the Internet Archive unless they also lose on that specific point, are fined heavy statutory damages, can't pay them off or raise the money, and then cease to exist. Sure that's a bad what-if scenario. But I think it's just too early to have it in headlines.