dditional profits of the violator, as
provided in paragraph (2), or

(B) statutory damages, as provided in paragraph (3).

(2) Actual Damages. The court shall award to the complaining party the
actual damages suffered by the party as a result of the violation, and
any profits of the violator that are attributable to the violation and
are not taken into account in computing the actual damages, if the
complaining party elects such damages at any time before final judgment
is entered.

(3) Statutory Damages. (A) At any time before final judgment is entered,
a complaining party may elect to recover an award of statutory damages
for each violation of section 1201 in the sum of not less than $200 or
more than $2,500 per act of circumvention, device, product, component,
offer, or performance of service, as the court considers just.

(B) At any time before final judgment is entered, a complaining party
may elect to recover an award of statutory damages for each violation of
section 1202 in the sum of not less than $2,500 or more than $25,000.

(4) Repeated Violations. In any case in which the injured party sustains
the burden of proving, and the court finds, that a person has violated
section 1201 or 1202 within three years after a final judgment was
entered against the person for another such violation, the court may
increase the award of damages up to triple the amount that would
otherwise be awarded, as the court considers just.

(5) Innocent Violations.

(A) In General. The court in its discretion may reduce or remit the
total award of damages in any case in which the violator sustains the
burden of proving, and the court finds, that the violator was not aware
and had no reason to believe that its acts constituted a violation.

(B) Nonprofit Library, Archives, Educational Institutions, or Public
Broadcasting Entities.

(i) Definition. In this subparagraph, the term "public broadcasting
entity" has the meaning given such term under section 118(g).

(ii) In general. In the case of a nonprofit library, archives,
educational institution, or public broadcasting entity, the court shall
remit damages in any case in which the library, archives, educational
institution, or public broadcasting entity sustains the burden of
proving, and the court finds, that the library, archives, educational
institution, or public broadcasting entity was not aware and had no
reason to believe that its acts constituted a violation.