Quote:
Originally Posted by Format C:
via Paolo Sarpi, 20154 Milan, Italy
About the actual topic:
If the defendant had done the same thing in paper & ink, creating a new "for dummies" book out of Wileys control, I think everybody would have agreed on the fact it's counterfeit.
So, if the ebook in the torrent was made from scratch (retyping or using a scanner) by Mr. Carpenter, I have no doubt in calling it "fake".
But if the uploaded file was the actual Wiley ebook, I really can't see what's counterfeited in it....
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If you read the judgement you will see that it was $5000 for copyright infringement and $2000 for Counterfeiting Wiley's Trademark.
Presumably in copying the book they have copied the trademark (perhaps on the front cover) and by exposing the book for sale with the copy of the trademark it is this that is the counterfeiting.
The majority of the damages were for copyright infringement rather than the trademark counterfeiting.
BobC