Handicapping the Victim of Copyright Infringement
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I. Introduction: Handicapping the Victim of Copyright Infringement
Protection of property is an important part of the society in which we live. Since the days when individuals placed "no trespassing" signs on their fruitful land to indicate their wish to not have someone enter their rich property without their permission, it has been widely accepted that people have a general right to not have people exploit their property unless they authorize it. Although today's world involves various forms of property, including that born from intellect, the principles of the "no trespassing" days remain the same. The owners of these new intellectual properties have the same expectations as it relates to protection of their properties as anyone throughout the history of our society has ever had.
The ultimate protector of these new property rights lies within our court systems. Owners of copyrights rely on our court system to serve as a check on all who attempt to exploit the creative geniuses of people who create financially beneficial material as a result of intellectual labor. Without these checks by our court system, individuals and entities with the right resources are left in endless positions of power to take advantage of these financially rewarding creations.
This article will explore the rationale of a case, which found liability of a defendant for copyright infringement, but still awarded no damages to the plaintiff. Additionally, this article will discuss the impact of the case law on the damages that a copyright owner would expect for infringement of their work...