Re: Copyright and Contract Damages for Inadvertent Software

From: Vance R Koven <vrkoven[_at_]world.std.com>
Date: Thu, 23 Apr 1998 07:27:31 -0400 (EDT)

On Wed, 22 Apr 1998, Thomas Cotter <cotter[_at_]law.ufl.edu> wrote:
>
> If my recollection is accurate, however, Deltak, Inc. v. Advanced
> Systems, Inc., 767 F.2d 357, 363 (7th Cir. 1985), suggests that it
> might be appropriate to award the plaintiff a hypothetical royalty for
> the defendant's interim use (which in your hypo would probably be a
> minimal amount, though probably something);

Does copyright law not recognize the doctrine of "de minimis non curat lex" (apart from statutory damages, for which the requisite formalities are the admission ticket)?


Received on Thu Apr 23 1998 - 11:27:20 GMT

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