Re: Looking for License/Copyright Infringement Penalties

From: Michael S. Hines <MSHINES[_at_]freh-03ms.adpc.purdue.edu>
Date: 7 Jan 94 13:44:00 EST


Doug,

One 'compelling reason' is the penalty for copyright infringement which is, I believe something like up to $100,000 per incident.

BTW - there are some among the legal profession that would argue that Copyright and Shrink Wrap Contract Law are not enforcable as protection for computer software. I suspect it would take deep pockets in order to test this assertion in court though.

One of SPA's tactics has been to offer to settle out of court for 1/10 to 3/10 of the actual amount due for Copyright infringement. Considering the cost and hassle of the investigation, most companies readily settle. Unfortunately this prevents the "judgement by a group of your peers" that the courts are susposed to provide.

I'm not sure SPA has actually gone to court and won...perhaps someone could enlighten us on this point?


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Received on Fri Jan 07 1994 - 18:43:28 GMT

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