I showed my engineer-attemptls-law post to a friend and she said:
> Sometimes when you sue for breach of contract, you can be awarded restitutionary damages
which means that even if you can't prove that you have been damaged, you can be awarded money
equivalent to the other party's "ill gotten gain". So if the other party unfairly got some
advantage that was, for lack of a better term "unfair", you could recover their gain just
because it is unfair for them to keep it.
> That's one reason why it is dangerous for profitable companies to use open source code. You
use code in a way that breaks your contract with the programmer ... that programmer could
recover your "ill gotten gain".
Wow. Now I'm curious if this has been used in any of the GPL violation cases. I'll have to
watch them a little closer!