The United States Constitution's Eighth Amendment

[Little BigHorn]

Unless you are extremely knowledgeable in IP law (I have spoken to a 24+ year prosecutor who said I am too stupid to know enough about that subject - So how the heck should John Doe?), have deliberately abused copyright laws, and have made a ton of money doing so (in which case you have no ones sympathy here)....then you can always embrace "due process", go to court, and challenge some insane demand on the grounds that it violates your constitutional rights based on the totality of circumstances as it relates to the demand/requested damages (actual (if he should have been paid $25 for his photo authorization, is 5X that more than fair ($125) vs statutory (should this be, and or are the courts leaning in the direction that statutory damages are more intended as a punitive tool to profiteers) - is the demand a violation of the Eighth Amendment of the constitution - on the "innocent"/ignorant/no profit made/photo has a zero relationship to your business/etc.. scenarios, I sure as heck think so. All laws are based on the "spirit" of the statute. What is your opinion?

http://en.wikipedia.org/wiki/Eighth_Amendment_to_the_United_States_Constitution#Excessive_fines