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Re: Attorney fees

From: David Kastrup
Subject: Re: Attorney fees
Date: Sun, 13 Jul 2008 00:31:16 +0200
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.0.60 (gnu/linux)

Tim Smith <> writes:

> What the court wants to do is put P in the position P would have been
> in if the infringement had not occurred.  There are two ways to do
> that.  The one you are suggesting is for the court to speculate what
> would have happened if the D had hypothetically purchased a license to
> do what D actually did.  The other way, which is the one I believe
> courts usually go with, is for the court to ask what would have
> happened if D had obeyed the actual license that D had.  That requires
> much less speculation.
> Under that analysis, P expected to make $0 off of D's use of the
> software, so I don't think it is likely the court would award much
> more than that.

Uh, under that analysis, D is still expected to comply with the license
conditions.  So the court would tell D to comply.  But it would be a
strange court that told P he should expect to hold up his part of the
deal (the $0 part) while D can be excused from compliance with his part.

I mean, get real.

David Kastrup, Kriemhildstr. 15, 44793 Bochum

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