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copyrights .neq. patentscopyrights .neq. patentsPosted Sep 22, 2006 21:06 UTC (Fri) by sepreece (subscriber, #19270)In reply to: copyrights .neq. patents by farnz Parent article: Another GPL win in Germany
Interesting...
If the starting date is when you discover the infringement, how do you prove what that date was?
Note, by the way, that no damages were awarded (as I read the news release), only costs plus an injunction against further shipping. Since the company had already agreed to stop shipping, it sounds like only the costs were at issue. While that is presumably because the project has not sought damages, it would be interesting to see an example of the analysis a court would use in trying figure out damages in a free software case. Are there any existing decisions that carried damages?
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copyrights .neq. patents Posted Sep 23, 2006 7:15 UTC (Sat) by csamuel (✭ supporter ✭, #2624) [Link] If the starting date is when you discover the infringement, how do you prove what that date was? I presume that would be from the date that you served notice on them of the infringement.
copyrights .neq. patents Posted Sep 23, 2006 18:25 UTC (Sat) by sepreece (subscriber, #19270) [Link] Wouldn't that leave the same opportunity to let the damages build up before serving notice?
copyrights .neq. patents Posted Sep 24, 2006 12:33 UTC (Sun) by csamuel (✭ supporter ✭, #2624) [Link] Good point - I need more sleep.. :-)
copyrights .neq. patents Posted Sep 24, 2006 16:35 UTC (Sun) by jhardin (guest, #3297) [Link] Only for thirty days. So you can discover infringement and let it sit for a year, but you'll only be able to claim 30 days' damages, and that only by lying to the court about when you discovered the infringement. Do you *really* want to do *that*?
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