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WTF? The student was wrong. He had access to a legal copy through CERN, but instead, he used a pirated copy. Not only is that legally wrong, it is bizarre. Th

WTF? The student was wrong. He had access to a legal copy through CERN, but instead, he used a pirated copy. Not only is that legally wrong, it is bizarre. The company was wrong. They are not a law enforcement agency. They have no right to demand a fine of CHF30000 be paid. At best, they can send a cease and desist. If they believe significant damages have occurred, they can sue. CERN was wrong to pay the fine and pass it on to the student. For one, they had a site license. For another, after investigating, they found it to be the stupid act of a naive student who, I am sure, has learned his lesson by now. However, it was no skin off their back to pay up and pass it on. They should have refused to pay the fine and participated in coming to an amicable settlement between all parties involved.

masklinn 11y ago
> The company was wrong. […] They have no right to demand a fine of CHF30000 be paid. The company has every right to send a speculative or infringement invoice, the infringing party also has every right to ignore said invoice and try their chance in court. > For one, they had a site license. Which didn't cover the student's usage. > For another, after investigating, they found it to be the stupid act of a naive student who had likely breached CERN policy and was possibly a hazard to CERN's computer systems.
- goodcanadian 11y ago
  The company has every right to send an infringement invoice, the infringing party also has every right to ignore said invoice and try their chance in court. They have every right to send a notice as I said, myself. It is the fine that I believe is unreasonable regardless of whether it is explicitly part of CERN's contract with the company. Which didn't cover the student's usage. No, but then, it wasn't CERN who downloaded and used a pirated copy, was it? had likely breached CERN policy and was possibly a hazard to CERN's computer systems. They said flat out that he violated their computing policy, so they can take away his computing privileges, but paying a CHF30K "fine" and sending him the bill?

masklinn 11y ago

> The company was wrong. […] They have no right to demand a fine of CHF30000 be paid. The company has every right to send a speculative or infringement invoice, the infringing party also has every right to ignore said invoice and try their chance in court. > For one, they had a site license. Which didn't cover the student's usage. > For another, after investigating, they found it to be the stupid act of a naive student who had likely breached CERN policy and was possibly a hazard to CERN's computer systems.

goodcanadian 11y ago
The company has every right to send an infringement invoice, the infringing party also has every right to ignore said invoice and try their chance in court. They have every right to send a notice as I said, myself. It is the fine that I believe is unreasonable regardless of whether it is explicitly part of CERN's contract with the company. Which didn't cover the student's usage. No, but then, it wasn't CERN who downloaded and used a pirated copy, was it? had likely breached CERN policy and was possibly a hazard to CERN's computer systems. They said flat out that he violated their computing policy, so they can take away his computing privileges, but paying a CHF30K "fine" and sending him the bill?