> -----Original Message----- > From: License-discuss <license-discuss-boun...@lists.opensource.org> On > Behalf Of Langley, Stuart > Sent: Monday, May 4, 2020 3:30 PM > To: license-discuss@lists.opensource.org > Subject: Re: [License-discuss] Licenses for commercial products > > >> No, they can't just strip off the copyright and add their own. > >> That is intentional copyright infringement, and you can sue for > >> treble damages (as long as your software's copyright is registered). > > >And if it isn't? > > If you have not registered your copyright you can and must do so before you > sue someone. > The potential for treble damages is for patent infringement (see 35 U.S. Code § 284); copyright infringement willfulness damages has a cap that is calculated differently (see 17 U.S.C. § 504(c)(2)) Note, of course that all of this is only in the USA. AFAIK, other jurisdictions don't have enhanced damages for willfulness (although my non-USA colleagues can correct me if I'm wrong). Copyright registration is also a USA-only phenomenon. We had a mini-session at LLW 2019 about the copyright registration requirement in the USA and the non-USA participants found it quite surprising and hard to understand its rationale.
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