Tim Smith <[EMAIL PROTECTED]> 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 _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
