 Both briefs contend that making-available is a form of distribution, and that actual damages are irrelevant to statutory damages.In March 2012, the plaintiffs, citing the "St. Louis, I. M. & S. Railway Co. v. Williams" case as precedent, argued that due process was satisfied by a jury's statutory damage award, regardless of whether it bears "a reasonable relation to the plaintiff’s actual injury...regardless of whether actual damages can be proven, regardless of whether the defendant’s infringement was willful, and regardless of Congress’s interest in deterring conduct deemed to be contrary to the public interest.