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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Bad actors | 400 comments | Create New Account

Comments belong to whoever posts them. Please notify us of inappropriate comments.

Bad actors

Authored by: Anonymous on Sunday, May 13 2012 @ 06:17 AM EDT

Actually, I don't think that willfulness necessarily has anything to do with it
in a copyright context. I'm pretty sure it doesn't matter what your intentions
were or if it was accidental - if you have infringed (wrongful act), then you
are liable for actual damages plus disgorgement of profits. It may be different
in other contexts, but not necessarily so.

So, there is no answer to your question of who decides between accident and bad
acting since they are treated the same. If you're thinking of a non-stautory
restitutionary claim, I would expect that since it's an equitable matter it
would be for the judge to determine liability (if accident is an excuse, then
there is no liability), but I really don't know.

I have no idea whether or not you're allowed to change the kind of damages
you're seeking in mid-trial, that would be an issue of procedure in the
particular court, although it presumable wouldn't be allowed anywhere if it
would prejudice the other party.

[ Reply to This | Parent | # ]

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