Brown Jenkin
First Post
Right- you can't really determine loss in that fashion. They don't specify what they consider actual damages in this document.
Also, in addition to asking for actual damages/profit (when they're talking about 504 (b)) they're also asking for statutory damages for willful infringement (504(c), or up to $150,000 per infringement).
It doesn't matter how much the court grants in damages. Real damages that can be collected can only go as high as the defendant can actually pay. The courts can award millions in damages, but WotC will be lucky to collect tens of thousands.