On the 'death penalty' thing

The law allows statutory damages for copyright at $150K per incident. Ship 10,000 widgets and statutory penalties for violation are going to max out at $1,500,000,000 (or $1.5 Billion).

Considering juries have been handing max statutory damages to poor single mothers who downloaded music off the internet (Jamie Thomas in her first trial for 21 songs was ordered to pay more than $1.5 million dollars) I think it's fairly probable that if a corporation was foolish enough to take this to the Jury they would end up with the max statutory damages the law allows but in reality the Jury can award damages anywhere between $0 and the max the law allows per infringement.