The amount of damage will ruled by the judge in the event of an action for damages. Therefore, the judge considers the extent to which there has been a loss as well as the circumstances that also made the claimant responsible. In this case, according to Art. 43 Para. 1 and Art. 44 SCO, the damage may be reduced, and the court can therefore reduce the damages, depending on the degree of culpability of the defendant or if the copyright holder is partially culpable.
