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Re: Actual Damages in JMRI Case

From: Hyman Rosen
Subject: Re: Actual Damages in JMRI Case
Date: Wed, 04 Nov 2009 09:57:04 -0500
User-agent: Thunderbird (Windows/20090812)

Alexander Terekhov wrote:
presumably because Plaintiff agrees with Defendants that
> his Actual Damages ARE NON-EXISTENT... no, Hyman?

    Copyright licenses are designed to support the right to
    exclude; money damages alone do not support or enforce that
    right. The choice to exact consideration in the form of
    compliance with the open source requirements of disclosure
    and explanation of changes, rather than as a dollar-
    denominated fee, is entitled to no less legal recognition.
    Indeed, because a calculation of damages is inherently
    speculative, these types of license restrictions might well
    be rendered meaningless absent the ability to enforce through
    injunctive relief.

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