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1994-09-04
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Path: oz.cdrom.com!agate!howland.reston.ans.net!news.intercon.com!news1.digex.net!access3!tdarcos
From: tdarcos@access3.digex.net (Paul Robinson)
Newsgroups: alt.games.doom,comp.sys.ibm.pc.games.action,alt.cd-rom
Subject: Re: WAD AUTHORS - READ THIS - DOOM WAD CD response
Followup-To: alt.games.doom,comp.sys.ibm.pc.games.action,alt.cd-rom
Date: 4 Sep 1994 17:45:03 GMT
Organization: Tansin A. Darcos & Company, Silver Spring, MD USA
Lines: 25
Message-ID: <34d12v$2b8@news1.digex.net>
References: <33htqm$nb4@bmerha64.bnr.ca> <33j0j5$7ac@agassiz.cas.und.NoDak.edu> <Cv4qCH.FnG@rci.ripco.com> <33ltv9$9b7@mack.rt66.com> <343deh$bue@news1.shell>
NNTP-Posting-Host: access3.digex.net
X-Newsreader: TIN [version 1.2 PL2]
Xref: oz.cdrom.com alt.games.doom:3674 comp.sys.ibm.pc.games.action:1366 alt.cd-rom:764
Duane Takamine (duane@shell.portal.com) wrote:
: One caveat to all of this is that I am not sure what kind of
: damages your could get from a lawsuit. Carl above is correct when he
: states that original work is usually covered by implicit copyright.
: However, violation of copyright isn't a criminal offense, if I remember,
: it is something covered by tort; i.e. a civil suit is required to
: get damages. The weird thing is, if the thing being illegally copied
: was being given away for free, how much damages can be obtained? I guess
: that you could go after the profits from the CD itself. Anyone have the
: straight dope on this?
I suspect that a court would find a fee restriction is restraint of trade
and strike it down. Let's not forget that you can't sue over a copyright
until after you file a registration. And let's not forget that if the
other side shows that the copyright restriction violated the Sherman Act,
the courts could very well order the copyright owner, for filing a
lawsuit that was not winnable, to PAY THE COURT COSTS AND ATTORNEYS FEES
of the successful defendant.
--
Reports on Security Problems: To Subscribe write PROBLEMS-REQUEST@TDR.COM
Paul Robinson - paul@tdr.com / tdarcos@MCIMail.com / tdarcos@access.digex.net
Voted "Largest Polluter of the (IETF) list" by Randy Bush <randy@psg.com>
Voted "Largest Polluter of digex.general" by Mike <voss@orange.digex.net>