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Re: Microsoft needs a help strategy

From: amicus_curious
Subject: Re: Microsoft needs a help strategy
Date: Wed, 28 Jan 2009 20:17:41 -0500

"Tim Smith" <> wrote in message">
In article <4980a453$0$21838$>,
"amicus_curious" <> wrote:
What is at issue today, though, is the nature of such "default copyright
rules". If there is no fee charged to use the work or to redistribute the work, the copyright can be ignored unless the author can show some degree of
harm to himself.

Where did you get that idea?  Not from the copyright statute, nor from
the case law.

From the case law being established in the JMRI case, or haven't you
noticed? The circuit court said that non-financial issues surrounding a copyright needed to be evaluated in assessing harm to the author. The district court originally said that only money mattered. The district court on remand decided that no non-financial harm had been shown in the case. The Plaintiff has not yet responded. The US Supreme Court has suggested that there is not a absolute presumption of irreparable harm, so injunctions are not so automatic as they once were. The commercial value of the material being copyrighted is material to the case.

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