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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Quite possibly. | 197 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Would a judge award high damages for misuse of a free product?
Authored by: DannyB on Friday, September 14 2012 @ 10:42 AM EDT
Would statutory damages enter the picture?

---
The price of freedom is eternal litigation.

[ Reply to This | Parent | # ]

Quite possibly.
Authored by: OmniGeek on Friday, September 14 2012 @ 10:42 AM EDT
Since the crux of the counterclaim is copyright infringement of material that is
essential to the alleged infringer's product, an award of the profits resulting
from the infringement (not an unusual result in copyright infringement actions,
I believe) would basically be an award of most or all profits from the product.


The fact that the infringer has profited from selling something the copyright
holder normally gives away for free doesn't negate the damage. If anything, it
implicitly proves that the copyright holder *could* have sold it themselves
absent the infringement, thus establishing a real loss of potential profit
resulting from the infringement.

---
My strength is as the strength of ten men, for I am wired to the eyeballs on
espresso.

[ Reply to This | Parent | # ]

Would a judge award high damages for misuse of a free product?
Authored by: DannyB on Friday, September 14 2012 @ 10:46 AM EDT
Can't this be used as precedent to argue that statutory damages are okay even if disconnected from reality?

http://www.tec hdirt.com/articles/20120911/14213120346/court-fining-jammie-thomas-9250-per-song -infringed-motivates-creative-activity.shtml

---
The price of freedom is eternal litigation.

[ Reply to This | Parent | # ]

Importance of mount
Authored by: Anonymous on Friday, September 14 2012 @ 10:46 AM EDT
mount is - like many other Unix utilities - a really important part of the
install. I mean, think about it, you can't boot or use any of your disk drives
without mount (leave alone adding or swapping them out)!

I wouldn't be surprised if Microsoft or Apple was copying code from mount (and
other GPL tools) and using such code in commercial products ... but I guess
we'll never know.

[ Reply to This | Parent | # ]

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