Path: utzoo!mnetor!uunet!husc6!necntc!encore!chan From: chan@encore.UUCP (Jerry Chan) Newsgroups: comp.misc Subject: Re: copyrights (was: Shareware? Hah!) Message-ID: <2752@encore.UUCP> Date: 3 Mar 88 22:12:48 GMT References: <4815@ihlpg.ATT.COM> <3343@killer.UUCP> <2608@gryphon.CTS.COM> <333@esquire.UUCP> <366@sas.UUCP> Reply-To: chan@encore.UUCP (Jerry Chan) Organization: Encore Computer Corp, Marlboro, MA Lines: 29 In article <366@sas.UUCP> bts@sas.UUCP (Brian T. Schellenberger) writes: >2. Since there is no penalty for not sending in the copies (unless, as the > quote says later, specifically asked to by the Registar of Copyrights), > there is no real reason to bother. ^^^^^^^^^^^^^^^^^^^^^^^^ There is definitely a reason to bother. Can you say "STATUTORY DAMAGES" :-) ? Believe it or not, I was just talking to a lawyer who specializes in patents and such about this very same question yesterday. According to him, if someone knowingly violates your copyright and you can prove that you had warned him of the consequences of doing so (not clear to me if the usual "shrinkwrap license agreement" satisfies this or if you have to deliver an additional memo of such), if you take that person to court and you had registered your copyright with the Registrar of Copyrights, you are entitled to statutory damages. What does this mean? Well, the judge can award you up statutory damages up to $50,000 per offense on top of the actual damages that you may be awarded. The purpose of the statutory damages is to set an example to the violator and others that what he had done was a NO-NO. If you want to insure that you are entitled to statutory damages, be sure to register your copyright. +----------------+ Jerry H. Chan linus--+ +--+-------------+ | Encore Computer Corp. necntc--| | | E n c o r e | | 257 Cedar Hill St. ihnp4--+-encore!chan | +-------------+--+ Marlboro MA 01752 decvax--| +----------------+ (617) 460-0500 talcott--+