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It seems there has already been one similar case in Germany where an open source copyright violation occurred but no damages could be awarded. Specifically, a h

• suyjuris 5y ago
  But crucially, in that case the infringer did not make money based on their infringement, and the actual infringement was minor. (Specifically, a university failed to provide a copy of the GPL license alongside a download of the software, which they offered free of charge.)