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The JMRI Project and software patents

The JMRI Project and software patents

Posted May 4, 2006 11:12 UTC (Thu) by philips (guest, #937)
Parent article: The JMRI Project and software patents

The case defies logic.

Guy was giving the software freely to anyone - w/o any kind of profit.

So what damages can the plaintif claim?????

Talk disruptive innovations...


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The JMRI Project and software patents

Posted May 4, 2006 14:44 UTC (Thu) by Wol (guest, #4433) [Link]

It's not about what the other person gained, it's about what you lost.

Let's say A is selling his software at $10 a CD.

B copies it and gives it away.

A is entitled to go after B for the number of copies he gave away, times $10. The fact that B made nothing is irrelevant - A lost a load of sales (and hence lost a load of money), for which he has a right to be compensated.

(The thing about this case, however, is it appears it was B's software in the first place, and A was threatening to sue, so B has sued first.)

Cheers,
Wol

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