[Coco] Re: Hot Coco Post Partum

[John R. Hogerhuis]

On Mon, 2005-08-01 at 21:10 -0400, Gene Heskett wrote:
> IDG would have a heck of a time showing any losses other 
> than what they would have to pay their attorny's to pursue it.  
> Either way, its a net loss for them, particularly after we make a bit 
> of noise on slashdot about the basic injustice of their attitude.

Alas, they don't need to show actual damages. The law allows for
statutory damages.

The court can award between $750 minimum and $30,000 maximum per
infringement regardless of actual damages. Then if the court decides the
infringement was "willfull" the court can award up to $150,000 per
infringment.

http://www.gigalaw.com/articles/2000-all/landau-2000-10-all.html

The judge probably wouldn't grant such a high level of damages in a case
like this. But add on whatever he does award plus attorney's fees ($200+
per hour the plaintiff spends on their attorneys), and I hope whoever
does this is judgement proof (poor). Better just trade samizdat copies
on the sly, which seems to be what happens now (this is not legal advice
or an inducement to infringe... just a statement of the way things seem
to work).

-- John.