Quote:
Originally Posted by Shaggy
That's true if the main problem was actual damages versus statutory damages. The issue I see here isn't so much that they didn't prove any lost sales, but that they never proved any infringement occurred. The only thing the plaintiff really showed was "making available", but the courts have already said that's not enough to be infringement.
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So you must believe that the jury instructions were wrong.
(BTW, I've read something recently that suggests that my supposition that the statutory damages will almost certainly be reduced by the court of appeals may also be wrong. This woman could be dead in the water.)