What's your view on statutory damages for copyright infringement? "Wilful infringement" has statutory damages up to $150k per work. This is similar. Like this it's a punishment imposed by the state, through the medium of inflated damages.
No, I do not consider damages in copyright infringement a punishment. Whether damages are measured correctly or not in some case or other is beside the point I was making.
I’m confused what you define a punishment as then.