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Naive question: Could one summarise this case as trafficking a "counterfeit" free download in CD format, or, alternatively, as trafficking a "counterfeit" free
by textmode 8y ago
Naive question: Could one summarise this case as trafficking a "counterfeit" free download in CD format, or, alternatively, as trafficking a "counterfeit" free CD, where the reason the download or CD is "free" is because it contains software that cannot be run without an individual, nontransferable "activation code".
For example, software company distributes free CDs that contain copy of software, however software cannot be run without a non-transferable activation code. Unauthorised copying of printed label or contents of CD could be copyright infringement. Assuming it is, what are the damages? What is value of CD without activation code? (e.g. cost of the optical media) What is value of CD with activation code? (e.g. cost of the software license) Which measure is appropriate?
- devindotcom 8y agoNot naive at all, that's exactly the situation and that's how the defense explained it to the courts. Lundgren copped to violating Dell's copyright right away. The value of the disc without the product key or license code or activation code, however you want to describe it, is basically in the convenience of not having to print it yourself. Microsoft argued that the value was that of fully licensed software, ultimately $25 per disc, which is what refurbishers pay for new Windows licenses to install on computers, should they require them.