[linux-elitists] ultra 20 m2

Greg KH greg@kroah.com
Thu Jul 12 14:54:07 PDT 2007

On Thu, Jul 12, 2007 at 02:42:22PM -0700, Rick Moen wrote:
> An infringed copyright owner can sue for:
> o  Injunction against additional infringement.  Pointless if infringer
>    has already stopped.
> o  Actual damages.  Typically an open-source coder will not be able 
>    to prove any.  
> In the staggeringly unlikely event that the owner has _also_ filed a 
> timely copyright registration with LoC, and paid his/her $35:
> o  Statutory damages.  For reasons cited, we're talking $200, 
>    in a typical case of an open source codebase and a colourable
>    claim of accidental infringement.
> o  Owner's attorney fees.  Close to nil if the infringer immediately 
>    files a response with the court saying "Er, we did that but it
>    was accidental, so we'd like to petition for judgement or
>    settlement to that effect."
> So, plaintiff's haul is likely to be laughably small, which underlines
> his/her lack of motive for suing in the first place.

Well, you might be supprised the easy access some of us have to pro-bono
lawyers eager to do this kind of work to both learn more about the
issues involved, and to help set a precedent for others to be able to
point at in the future.

The majority of the time, we just want the infringment to stop, but for
the infringer to do that would be to cut off a major revenue stream, so
they do not do that on their own.

So don't rule the fact that some of us individual developers do not
fight back, we are :)


greg k-h

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