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| Authored by: pem on Wednesday, May 16 2012 @ 05:15 PM EDT |
$200 for innocent infringer.
$150K for willful.
So, judge has some latitude.
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| Authored by: Anonymous on Wednesday, May 16 2012 @ 08:26 PM EDT |
Thanks for repeating what I posted earlier in the thread. ;)
Since, AIUI, only registered works are eligible for statutory damages, then
Oracle will get damages for the first of their two registered works that
contains the code in question. Since the registrations include
"preexisting materials", if the same code is in both, it only counts
under the earliest registration.
This is actually something that has puzzled me a bit, and perhaps Google's
lawyers didn't raise it because it might have worked against them with the
judge, but since the Java 1.4 and 1.5 registrations also included preexisting
materials and the code in question likely existed in Java 1.3 (I haven't
checked, so I may be wrong on this), it seems to me that Oracle has not
presented a valid registration for the code in question - they should have
presented the earliest version of Java in which the code exists, and so should
not be entitled to any statutory damages at all.
If you add that to an inability to adduce damages evidence for direct
infringement, Oracle's maximum damages should be $0 regardless of which election
they make.
It's too bad about this stipulation then, eh?[ Reply to This | Parent | # ]
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