1) The relevant statute actually remits statutory damages for libraries.[1] Though this exception went untested because...
2) The parties negotiated a damages settlement between themselves before the trial court heard evidence and arguments on damages, but they agreed to let the summary judgment appeal go forth to establish firmer precedent.
[1] It's a qualified exception, but the IA was in a much better position in this regard than on the merits. And undoubtedly this limitation on damages figured into their original decision to test the waters.