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Suggestion for compromise on Wizard's PDFs
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<blockquote data-quote="Mistwell" data-source="post: 4949082" data-attributes="member: 2525"><p>Your legal analysis is seriously flawed, and you should not offer legal advice unless you are an attorney or are CERTAIN you are correct. In this case, you are very wrong, and offering advice that, if followed by someone who does not know better, could result in serious lawsuits against people. </p><p></p><p>Financial harm is not only computed based on "Are you selling this product right now". I'll give you one example. Disney routinely holds back a large portion of their IP every year, for example, and then re-releases it in future years at an increased value due to the rarity. If your analysis were correct, one could just pirate Disney films not currently in release without repercussions. I do not suggest you try that, however, since Disney would almost certainly sue you and win.</p><p></p><p>And, more importantly, in the US (and many other countries) Statutory Damages are available for copyright violation. Yes, that means damages without proving ANY financial harm - just damages for you violating someone's copyrighted wsork. The basic level of damages is between $750 and $30,000 per work, at the discretion of the court. There is explicitly no financial harm element of said damages (that's in fact the purpose of Statutory Damages).</p><p></p><p></p><p></p><p>Yes, you said it.</p></blockquote><p></p>
[QUOTE="Mistwell, post: 4949082, member: 2525"] Your legal analysis is seriously flawed, and you should not offer legal advice unless you are an attorney or are CERTAIN you are correct. In this case, you are very wrong, and offering advice that, if followed by someone who does not know better, could result in serious lawsuits against people. Financial harm is not only computed based on "Are you selling this product right now". I'll give you one example. Disney routinely holds back a large portion of their IP every year, for example, and then re-releases it in future years at an increased value due to the rarity. If your analysis were correct, one could just pirate Disney films not currently in release without repercussions. I do not suggest you try that, however, since Disney would almost certainly sue you and win. And, more importantly, in the US (and many other countries) Statutory Damages are available for copyright violation. Yes, that means damages without proving ANY financial harm - just damages for you violating someone's copyrighted wsork. The basic level of damages is between $750 and $30,000 per work, at the discretion of the court. There is explicitly no financial harm element of said damages (that's in fact the purpose of Statutory Damages). Yes, you said it. [/QUOTE]
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