[linux-elitists] Does SCO have a duty to mitigate damages?

Adam Kessel adam@bostoncoop.net
Sun Aug 17 13:42:29 PDT 2003


Although I don't know the doctrine with respect to copyright damages
specifically, usually this would be a mitigating factor when calculating
damages, rather than a bar to liability.  If IBM is able to demonstrate
that SCO knew of the harm at a certain point and failed to take action to
limit that harm, then SCO couldn't recover for the additional damages
from that point forward.  

The typical case is vendor orders supplies from manufacturer who fails to
deliver on the order. Vendor is thus unable to fulfill an important
contract, loses the business, and goes bankrupt. The vendor should have
tried to find another manufacturer to fill the order rather than letting
everything fail, and thus would be barred from recovering damages related
to its failure to mitigate.

All that is to say that SCO could still recover quite a bit if it
prevails.

On Sun, Aug 17, 2003 at 04:24:56PM -0400, Justin F. Knotzke wrote:
>    If this assertion is correct, and please excuse my incredible
> ignorance on American Law (being a Canuck and all), wouldn't this
> essentially put an end to this case really quickly? ie: Show us the
> code and let us rewrite it?
-- 
Adam Kessel
http://bostoncoop.net/adam
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