decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

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.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Importance of mount | 197 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Would a judge award high damages for misuse of a free product?
Authored by: DannyB on Friday, September 14 2012 @ 10:42 AM EDT
Would statutory damages enter the picture?

---
The price of freedom is eternal litigation.

[ Reply to This | Parent | # ]

Quite possibly.
Authored by: OmniGeek on Friday, September 14 2012 @ 10:42 AM EDT
Since the crux of the counterclaim is copyright infringement of material that is
essential to the alleged infringer's product, an award of the profits resulting
from the infringement (not an unusual result in copyright infringement actions,
I believe) would basically be an award of most or all profits from the product.


The fact that the infringer has profited from selling something the copyright
holder normally gives away for free doesn't negate the damage. If anything, it
implicitly proves that the copyright holder *could* have sold it themselves
absent the infringement, thus establishing a real loss of potential profit
resulting from the infringement.

---
My strength is as the strength of ten men, for I am wired to the eyeballs on
espresso.

[ Reply to This | Parent | # ]

Would a judge award high damages for misuse of a free product?
Authored by: DannyB on Friday, September 14 2012 @ 10:46 AM EDT
Can't this be used as precedent to argue that statutory damages are okay even if disconnected from reality?

http://www.tec hdirt.com/articles/20120911/14213120346/court-fining-jammie-thomas-9250-per-song -infringed-motivates-creative-activity.shtml

---
The price of freedom is eternal litigation.

[ Reply to This | Parent | # ]

Importance of mount
Authored by: Anonymous on Friday, September 14 2012 @ 10:46 AM EDT
mount is - like many other Unix utilities - a really important part of the
install. I mean, think about it, you can't boot or use any of your disk drives
without mount (leave alone adding or swapping them out)!

I wouldn't be surprised if Microsoft or Apple was copying code from mount (and
other GPL tools) and using such code in commercial products ... but I guess
we'll never know.

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )