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Re: Actual Damages in JMRI Case
From: |
Alexander Terekhov |
Subject: |
Re: Actual Damages in JMRI Case |
Date: |
Sat, 07 Nov 2009 17:57:22 +0100 |
Tim Smith wrote:
>
> In article <4AF17964.A222A37F@web.de>,
> Alexander Terekhov <terekhov@web.de> wrote:
>
> > http://jmri.sourceforge.net/k/docket/352.pdf
> > 505, 512 (9th Cir. 1985)). To determine the workâs âmarket valueâ° at
> > the
> > time of the infringement, the Ninth Circuit has endorsed a hypothetical
> > approach which asks âwhat a willing buyer would have been reasonably
> > required to pay to a willing seller for [the ownerâs] work.â° Id.; see
> > also Polar Bear Productions, Inc. v. Timex Corp., 384 F.3d 700, 708 (9th
> > Cir. 2004). This is an objective approach, and âhurt feelingsâ° has no
> > place in this calculus. Mackie v. Rieser, 296 F.3d at 917.
>
> Surely, though, the hypothetical must take into account the details of
> the infringer's use? For example, suppose a movie studio made its movies
> available for free streaming over the net. If someone came along,
> recorded those streams, and turned then into DVDs which they sold, I
> can't see a court, even a Ninth Circuit court, saying that the free
> streams means that the studio would have sold DVD rights for $0.
Probably not as long as market for streaming has not eliminated the DVD
market.
Different market values.
How does that relate to the JMRI case?
regards,
alexander.
--
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- Re: Actual Damages in JMRI Case, (continued)
- Re: Actual Damages in JMRI Case, Alexander Terekhov, 2009/11/04
- Re: Actual Damages in JMRI Case, Hyman Rosen, 2009/11/04
- Re: Actual Damages in JMRI Case, Rjack, 2009/11/04
- Re: Actual Damages in JMRI Case, Alexander Terekhov, 2009/11/06
- Re: Actual Damages in JMRI Case, Alan Mackenzie, 2009/11/06
- Re: Actual Damages in JMRI Case, Alexander Terekhov, 2009/11/07
- Re: Actual Damages in JMRI Case, Alan Mackenzie, 2009/11/07
- Re: Actual Damages in JMRI Case, Alexander Terekhov, 2009/11/09
- Re: Actual Damages in JMRI Case, David Kastrup, 2009/11/04
Re: Actual Damages in JMRI Case, Tim Smith, 2009/11/06
- Re: Actual Damages in JMRI Case,
Alexander Terekhov <=