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Combs never raised fair use as a defense.  Why? Athony Falzone at the Stanford Center for Internet and Society suggested, at the time of the case’s appeal, that the tactic may have been based on a reluctance to risk encouraging fair use as a defense in sampling suits:

On appeal, the Sixth Circuit found that Westbound’s punitive damages award was unconstitutionally excessive and violated due process.  The Circuit remanded with instructions to remit the amount of the punitive damages “closer to” a 1:1 or 2:1 ratio to the compensatory damages.