The availability of statutory damages has undoubtedly enabled copyright trolls to flourish.178 For example, copyright trolls often make reference to the $150,000 per infringement upper limit when
sending settlement offers to alleged infringers.179 This is undoubtedly included to frighten recipients into settling without putting up a fight. As a result, there is a growing call for change regarding the
availability of statutory damages. For example, one commentator believes that the best way to eliminate copyright trolls is to eliminate statutory damages altogether.180 Another contends that statutory damages should be available only if some compensable harm can first be shown.181 While there is certainly merit to both of these suggestions, both would require Congressional action and thus would take time to implement.182 In the meantime, the best course of action to curb copyright trolling is to award the statutory minimum, especially for default judgments.183 This course of action is even more effective if the judge also denies joinder, requiring a separate filing fee for each plaintiff. This will help handicap copyright trolls until Congress chooses to act on altering statutory damages.