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At 07:18 PM 3/10/98 PST, "The Code" <veeger2001@xxxxxxxxxxx> wrote:
>Subject:
>
>Caution: Please review the WARNING that I received just this week SNIP
>The consequences of copyright infringement can be severe. The copyright
>law allows the copyright owner to recover either (1) its actual damages
>plus all of the infringer's profits that are attributable to the
>infringement, or (2) statutory damages of up to $100,000 per copyright.
>The law also provides for the seizure and impoundment (a) of all
>infringing copies, and (b) of the equipment that was used to make the
>infringing copies. Injunctive relief is routinely awarded to the
>copyright owner, and the law permits the prevailing party to recover its
>attorney's fees.
>
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It seems very doubtful that the sale of a 'used copy' of TS actually
constitutes a copyright infringement subject to the penalties listed above.
All the statutory damages, seizure and impoundment stuff is intended to
apply to software theft and re-distribution of intellectual property. It's
application in this case is pure intimidation tactics.
A private resale is not the same as copying, stealing and re-distributing
Omega's software code.
It could be considered to be a breach of the Omega license agreement because
we all agree to that clause when we first open the package. Damages 'might'
add up the profit from a lost sale, at max.
Seems to me only Omega themselves can enforce a breach of the license
agreement, not some schminkie upstart from SPA surfing around pretending to
be Perry Mason.
Michael Paauwe
mpaauwe@xxxxxxxxxx
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