2 ms·
Are there actual cases of this on the books? I'd be pretty surprised if a judge was like "ah yes the defendant's consultancy modified a piece of industrial con
by mikepurvis 5y ago
Are there actual cases of this on the books?
I'd be pretty surprised if a judge was like "ah yes the defendant's consultancy modified a piece of industrial control software that you haven't given a thought to in three decades to make it run on a modern computer and not require a parallel port dongle, and that's definitely a DMCA violation and you've been harmed by it and deserve all the money."
- sedev 5y ago"Laches" https://en.wikipedia.org/wiki/Laches_(equity) https://en.wikipedia.org/wiki/Laches_(equity) is probably a relevant concept here. In a scenario like the one you're describing, the delay is likely to be taken into account, but it's unlikely to be the whole of the argument.
- HPsquared 5y agoAs I understand it (IANAL), the delay period for laches only starts when the complainant becomes aware of the violation.