In Sony BMG Entertainment v. Tenenbaum, 719 F.3d 67 (1st Cir. 2013), the court considered another appeal. On remand from the prior case, the district court held that:
1. Remittitur was not proper in this case, and
2. Copyright statutory damages did not violate constitutional due process.
Tenenbaum did not appeal the remittitur, but did appeal on constitutional grounds. The appeals court agreed with the district court (as it had hinted it would in its prior opinion) that statutory damages did not violate due process.