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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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Going for actual damages is simple math | 400 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Going for actual damages is simple math
Authored by: cc0028 on Friday, May 11 2012 @ 07:05 PM EDT
I don't think you were listening in the probability lectures. Your arithmetic
proves nothing about the probabilty of obtaining any money at all.

You may be
being mislead by the gambler's fallacy, which argues that the chances of, say, a
particular number coming up in the lottery are related to how many times it has
come up in the past.

In fact, all the 90%/1% estimates suggest is that Oracle
is very likely to get something in the lower range, but very unlikely to get
anything in the upper range. They say nothing about the probability of getting
a particular number in those ranges. In fact, since the ranges overlap, Oracle
could, from a mathematical point of view, obtain a victory in the upper range,
but only receive an award that is in the lower range.

Not very well explained.
Sorry about that, but it's late and I'm tired.

Cheers


PAE

[ Reply to This | Parent | # ]

Without a damages report linking the infringement to the profits the chance is 0 n/t
Authored by: Kilz on Friday, May 11 2012 @ 07:36 PM EDT
.

[ Reply to This | Parent | # ]

Going for actual damages is simple math
Authored by: Anonymous on Friday, May 11 2012 @ 08:20 PM EDT
Except for BSF's SCO Case That Can Never Die, when their contract was a single payment per case, of course...I bet they won't do that one again :)

[ Reply to This | Parent | # ]

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