Re: Copyright Misuse Doctrine in Apple v. Psystar

[Rjack]

Rahul Dhesi wrote:
> Hyman Rosen <hyrosen@mail.com> writes:
>
> > Rahul Dhesi wrote:
> > > Your baseline is wrong.
>
> > No, it's not. How else should GPL enforcement work?...
>
> A disingenuous question.
>
> A victory occurs where potential wrong-doers get the message that
>  if they violate the GPL for a period, they will end up with a
> net loss due to having paid damages to the copyright owner that 
> exceed their benefit for the period of violation.

Which plaintiff has has ever paid any damages in a GPL case? Please
show the court's decision or a settlement agreement of record.

I have heard rumors that several defendants in GPL cases have
received attorney fees due to the frivolous nature of the SFLS's
cases. The SFLC has had to voluntarily dismiss *all* of their suits.

> If potential wrong-doers get the message that they can violate 
> the GPL for some years, and then cease to violate it and only pay
>  insignificant damages, then that is a defeat for the copyright 
> owner, not a victory.

Sincerely,
Rjack :)