This is a classic case where a law passed to deter certain very serious activity (willful copyright infringement) now finds itself being applied to new circumstances where it falls with a particularly heavy and disproportional hand.

The remedy needs to be tailored to the nature of the wrong - that is, the law needs refinement, not jettisoning. This can come from Congress or perhaps from judicial refinements via statutory interpretation.

It will not come from some wild approach striking down the concept of statutory damages as unconstitutional. The article is way off on this.