[cc-licenses] Dumping CC-BY-NC-ND and Narrowing CC-BY-ND

jonathon jblake at eskimo.com
Thu Apr 27 14:27:24 EDT 2006


Ŭalabio‽ wrote:

> that I do not feel bound by it.  

Violate that on any of the material I have released under the CC-NC-ND
license, and you will be looking at a major financial expense.

a) I get sued for copyright violation at MSRP + 3x MSRP per distributed
copy, by the copyright holder. [The copyright permission I have says it
may only be distributed under the CC-NC-ND license.

b) I turn around and sue you at 4x MSRP actual damages + 12x MSRP in
punitive damages, per distributed copy, for violating the CC Contract

c) For the distributed copy, the figure that is used is
i) Theoretical;
ii) Based upon all copies that were distributed.  This means that even
if you distributed one copy, you get assessed as if all distributed
copies were distributed by you.

c) Adding up the figures, you get to pay $100 (MSRP) multiplied by 16
(punitive and actual damages) multiplied by number of distributed copies
--- which will be around 1 000.  That comes to $160 000.  And I haven't
yet added in court costs, attorney fees, and the like.  Figure on that
being another $100 000.

Your little attempt to claim that you do not have to honour a contract,
just cost you a minimum of $260 000.

d) If I really want to press home the point, I can also file charges of
criminal copyright violation.  That way, you also get to spend 5 to 10
years in a federal pen.

xan

jonathon



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