Wednesday's verdict that Michael Robertson was liable for infringement related to copyrights, recordings and cover art for more than 2100 tracks could cost the founder of bankrupt digital storage locker MP3tunes more than $63 million.
Non-willful infringement can be fined at a rate as high as $30,000 per individual track. Willful infringement can be fined as much as $150,000 per track.
2100 tracks X $30,000 = $63 million
Robertson could also be fined far less. The decision on exactly how much is in the hands of a full jury, a rarity in copyright infringement cases. A jury could find these fines excessive or be less than sympathetic to the music tech serial entrepreneur who sold MP3.com to Vivendi for $373 million in 2001.
A decision is expect in the next 2-3 days.