[linux-elitists] MP3 patents

Rick Moen rick@linuxmafia.com
Tue Sep 4 18:41:34 PDT 2001


begin  M. Drew Streib quotation:

> I know it is true of trademark. My understanding is that at least
> non-enforcement makes it tougher to seek damages in copyright, maybe
> more.

In the USA, that's covered in 17 USC 504:  Copyright owner can recover
_either_ actual damages plus the portion of infringer's profits that are
attributable to infringement (presumed equal to revenue, absent proof by
the infringer of his related expenses), _or_ statutory damages.
Infringer may be able to drastically lighten the amount of the latter if
he can  convince the court that he was an innocent infringer.  Maybe
that last bit is what you're thinking of.

.. but I'd love a statement from someone that seems to know more
> about this.

Indeed.  (IANAL.  I just read the stuff, passed the CPA exam partially
based on it, etc.  And that was a while ago.)

-- 
Cheers,              "Not using Microsoft products is like being a non-smoker 
Rick Moen           40 or 50 years ago:  You can choose not to smoke, yourself,
rick@linuxmafia.com  but it's hard to avoid second-hand smoke."  -- M. Tiemann



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