MobileRead Forums - View Single Post - Interesting copyright case

astrangerhere · 11-18-2011, 11:26 AM

I imagine that lots of issues will arise (including the license v purchase), but the burden of proof in civil infringement cases is NOT "beyond a resaonable doubt." It is, rather "a preponderance of the evidence."

This means that the plaintiff only has to prove that it is 51% likely that there was an infringement (IE that the defendant maintained or has a copy of what he sold stashed somewhere).

ETA: I've not read ANYTHING about this case, I'm just taking shots in the dark here. Legally educated guesses, but just guesses nonetheless.

11-18-2011, 11:26 AM	#4
astrangerhere Professor of Law Posts: 3,755 Karma: 68428716 Join Date: Sep 2010 Location: Chapel Hill, NC Device: Kobo Elipsa, Kobo Libra H20, Kobo Aura One, KoboMini	I imagine that lots of issues will arise (including the license v purchase), but the burden of proof in civil infringement cases is NOT "beyond a resaonable doubt." It is, rather "a preponderance of the evidence." This means that the plaintiff only has to prove that it is 51% likely that there was an infringement (IE that the defendant maintained or has a copy of what he sold stashed somewhere). ETA: I've not read ANYTHING about this case, I'm just taking shots in the dark here. Legally educated guesses, but just guesses nonetheless. Last edited by astrangerhere; 11-18-2011 at 11:29 AM.