On 4/8/2010 6:44 PM, RJack wrote:
You are begging the question. How do you propose that a trier of fact
compared an *unspecified* work that you refuse to identify with an
*alleged* infringing copy? What's for the jury members to compare?

Gathering such evidence will happen during discovery.
Depositions will be taken in order to determine the
provenance of the software being distributed by the
defendants, plaintiffs will offer forensic evidence
based on analysis of the distributed binaries, and
then the plaintiffs will demonstrate that the software
is being copied and distributed in violation of its
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