On 3/9/2010 5:51 PM, Alexander Terekhov wrote:
The CAFC vacated, not reversed. Accordingly, on remand, the district court determined that the injunction shall be denied on other grounds as well.
The District Court said: <http://jmri.org/k/docket/395.pdf> 2. Copyright Damages Are Available to Plaintiff. ... Although it is undisputed that Plaintiff distributed the copied work on the Internet at no cost, there is also evidence in the record attributing a monetary value for the actual work performed by the contributors to the JMRI project. (See Declaration of Victoria K. Hall in support of opposition, Ex. F (expert report of Michael A. Einhorn).)2 Because there are facts in the record which may establish a monetary damages figure, the Court finds Plaintiff has made a showing sufficient to establish the existence of a dispute of fact regarding the monetary value of Plaintiff’s work for purposes of his copyright claim. Accordingly, Defendants’ motion for summary judgment on this basis is denied. ... 2. Copyright Infringement Claim. To prevail on his claim for copyright infringement, Plaintiff must show he owns a valid copyright and that Defendants reproduced protected elements of the copyrighted work. See Feist, 499 U.S. at 361. The uncontroverted evidence establishes that Plaintiff is the owner of the decoder definition files which are the subject of the copyright infringement claim. (Declaration of Robert Jacobsen in support of motion, Ex. B.) The evidence summarized by this Court with reference to Defendants’ motion establishes the originality, and therefore, the copyrightability, of the subject work. Again, the Court is unpersuaded that Plaintiff cannot prove damages. For the same reasons discussed supra, the copied files remain in the Defendants’ product as distributed and therefore constitute a basis for a claim for copyright infringement. Accordingly, the Court GRANTS Plaintiff’s motion for summary judgment on his copyright cause of action as to liability, but not as to damages. _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
