http://jmri.sourceforge.net/k/docket/352.pdf
"Plaintiffs Actual Damages This award of actual damages looks at the facts from the point of view of the copyright owner as it undertakes to compensate the owner for any harm he suffered by reason of the infringers illegal act. See generally Fitzgerald Publg Co. v. Baylor Publg Co., 807 F.2d 1110, 1118 (2nd Cir. 1986); Walker v. Forbes, Inc., 28 F.3d 409, 412 (4th Cir. 1994). The Ninth Circuit has defined the phrase actual damages as the extent to which the market value of a copyrighted work has been injured or destroyed by an infringement. Mackie v. Rieser, 296 F.3d 909, 917 (9th Cir. 2002) (quoting Frank Music Corp. v. Metro Goldwyn-Mayer, 772 F.2d 505, 512 (9th Cir. 1985)). To determine the works market value at the time of the infringement, the Ninth Circuit has endorsed a hypothetical approach which asks what a willing buyer would have been reasonably required to pay to a willing seller for [the owners] work. Id.; see also Polar Bear Productions, Inc. v. Timex Corp., 384 F.3d 700, 708 (9th Cir. 2004). This is an objective approach, and hurt feelings has no place in this calculus. Mackie v. Rieser, 296 F.3d at 917. Here, it is undisputed that Plaintiffs Decoder Definition Files are, and always have been, available for free for download on sourceforge.net. Katzer Decl. ¶ 15. Therefore, under the current law in this Circuit, the Decoder Definition Files have no market value. Since the Decoder Definition Files have no market value, Plaintiff has not suffered any actual damages." He he. regards, alexander. -- http://gng.z505.com/index.htm (GNG is a derecursive recursive derecursion which pwns GNU since it can be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards too, whereas GNU cannot.) _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
