Alexander Terekhov <terek...@web.de> writes:

> David Kastrup wrote:
>> 
>> Alexander Terekhov <terek...@web.de> writes:
>> 
>> > Just in:
>> >
>> > 04/26/2011 194  ENDORSED LETTER addressed to Judge Shira A. Scheindlin
>> > from Emmett J. McMahon, dated 4/25/2011, re: Counsel for the defendant
>> > Best Buy Co., writes to request a pre-motion conference regarding a
>> > motion to strike Plaintiffs' claim for "actual damages and any
>> > additional profits of [Best Buy] incurred as the result of
>> > infringement." ENDORSEMENT: Request granted. A premotion conference will
>> > be held on May 6 at 2:30. So Ordered. (Pre-Motion Conference set for
>> > 5/6/2011 at 02:30 PM before Judge Shira A. Scheindlin) (Signed by Judge
>> > Shira A. Scheindlin on 4/25/2011) (lnl) (Entered: 04/26/2011)
>> >
>> > The letter:
>> >
>> > http://www.terekhov.de/194.pdf
>> >
>> > Best Buy says that Plaintiffs have suffered no damages at all.
>> >
>> > (And rightly so.)
>> 
>> That's the "there are no damages when stealing from a charity since they
>> are not intending to make a profit anyway" argument.  Let's see whether
>> the judge buys that.
>
> Stealing something (including intangibles) with positive market value
> results in damages (charity or no charity is irrelevant).
>
> Best Buy says that market value of Andersen's contributions to BusyBox
> v0.60.3 is ZERO because the copyright owners in the entire BusyBox
> program have intentionally made it freely available (zero price to
> obtain) to anyone and his dog

Like a soup kitchen.

> It's really simple, dak.

Well, given your awful track record at predicting "really simple"
things, let's just wait for the judge's verdict on that.

-- 
David Kastrup
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