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an obligation to mitigate damages is a standard part of common lawan obligation to mitigate damages is a standard part of common lawPosted Sep 22, 2006 23:44 UTC (Fri) by stevenj (guest, #421)In reply to: copyrights .neq. patents by farnz Parent article: Another GPL win in Germany I'm not a lawyer either, but even in the US I believe the claimant has an obligation to mitigate damages by acting to stop the offender as soon as possible. This arises in many parts of the law (copyrights, tenant contracts, junk faxes, etc.). See, for example, here: Mitigation (also known as the doctrine of "avoidable consequences") holds that one cannot, once injured, ignore an opportunity to act so as to stem the continuing increase in damages from that injury, and recover the same from Defendant. (I seem to recall that this was raised as a possible defense in the SCO case, because SCO refused to mitigate its damages by telling the kernel developers what they needed to remove ASAP. Of course, this was before it became clear that SCO had no evidence at all.)
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