[Info-vax] vax vms licenses

[Arne Vajhøj]

On 4/19/2022 11:53 AM, Don Baccus wrote:
> "Legal department may have a policy of pursuing all copyright 
> infringements for the signal value."
> 
> In the US, at least, you can only recover actual damages in a
> copyright infringement suit (enhanced with punitive damages based on
> those if you have registered a copyright).

That "actual" damage has sometimes been set pretty high.

>                                            There's also the notion
> of "fair use" and the fact that there are some court rulings in the
> US that support the notion that using software that is only protected
> by copyright for personal use is "fair use".

I would not count on courts allowing software copying as long as it is
for personal use - that is not the common interpretation.

> Copyright law is unlike trademark law where you need to pursue
> infringement or risk losing trademark protection.  This is one of the
> factors that leads to companies forcing small, insignificant, local
> businesses to stop using look-alike logos or similar names to their
> trademark protected logos, names, etc.  Many people don't understand
> that legally, once they become aware of the use, they must try to
> stop it.

Even though they do not lose rights by not pursuing a copyright case
then they may still do for the signal value.

Bank robbery does not become legal if shoplifting cases were
all dismissed, but some think that going hard on the the small
cases help deter the big cases.

Note that it is irrelevant whether that deterrence actual happen
or not - the relevant part is that some believe it and act accordingly.

Arne