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Re: Open source licenses are /actually/ contracts?!?

From: John Hasler
Subject: Re: Open source licenses are /actually/ contracts?!?
Date: Tue, 28 Aug 2007 16:06:55 -0500
User-agent: Gnus/5.11 (Gnus v5.11) Emacs/22.0.99 (gnu/linux)

Tim Tyler writes:
> What proportion of OSS developers register their work with the United
> States Copyright Office, I wonder.

If the infringement is ongoing you just have to register before filing

> Also, how often does $150,000 actually get awarded in free software
> cases?

It doesn't matter if the software is free.  The damages are _statutory_.
You prove infringement you get the damages.

> The article at the top seems to say that getting very much in the way of
> damages is unlikely - since the cost of the software is low:

The GPL provides that the license terminates immediately upon breach.
Therefor if the violation is ungoing proving breach of the GPL will give
you grounds for a copyright infringement complaint.  Statutory damages do
not depend on cost. Also note that many Free Software authors are more
interested in getting the infringement stopped than in collecting large
John Hasler
Dancing Horse Hill
Elmwood, WI USA

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