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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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Not de minis. | 197 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Not de minis.
Authored by: DieterWasDriving on Monday, September 17 2012 @ 02:48 PM EDT
Just to be clear, I wasn't claiming that $0 is the fair selling price for the
code. I'm stating that will be what a Open Source license violator will try to
claim.

Every time I've been on a call trying to resolve a license violation, the
"$0 selling price" number has been floated. Almost never by a lawyer.
About half the time it takes only a minute or so before the offender's attorney
does the equivalent of kick under the table to shut down that conversation. The
more experienced the attorney, the faster it happens. They never want an offer
of "$0" to be on the record.

I'm actually unclear as to why "$0" is so scary to them. It's
obviously negotiating in bad faith, but bad faith has been pretty much
established by the time the conference call happens. Perhaps someone here knows
case law around the issue.



[ Reply to This | Parent | # ]

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