Can you cite authority for this? I'd like to read it.
Also, what happens when someone else distribute OSRIC material under licence from the OSRIC publishers? Presumably time in respect of that violation runs from the time that it is distributed.
I'm don't quite see how this can be right. To eject you from my property I don't need to prove loss. I just need to prove it's my property. That's the point of property rights.
I find it hard to believe that I need to prove loss to get an injunction stopping you distributing material that infringes on my IP rights. Certainly, in Australian law loss is not an element in breach of confidence, and I don't see why copyright would differ.
Furthermore, if loss has to be proved, then what is the purpose of the statutory damages regime that operates once copyright has been registered?
See, what you say about the Limitations Statute and what you say about the need to prove loss make no sense. It would make no sense that, if OSRIC causes no loss to WoTC until year 6 of distribution, then they can't sue at that point because more than 3 years have passed since the commencement of distribution.
If that was correct, then I could violate anyone's copyright I liked by distributing in only very small quantities for the 1st 3 years, thereby causing no loss, and then going to town once the 3 years had expired.
Sometimes the law is stupid, I'll admit, but it's rarely so stupid as to make itself pointless. So either there's something I'm missing in what you've said, or there's something wrong with what you've said.
