>This figure is lower than the $370 per install that was negotiated earlier. However, the expert witness believes that this is warranted due to the large volume of the deal and the fact that the software company’s cash position was rather low at the time.
Interesting how the court is using the business' past financials to reconstruct what would have been negotiated if the infringement hadn't happened.
This seems reasonable as the US Navy likely hadn't bough licenses for $155 mil, but had negotiated or accepted other use patterns than en-masse installation.
Importantly, this should also be seen as precedence for private piracy and that people with thousands of movies on their harddrives naturally aren't liable for the sum of their retail price.
>Importantly, this should also be seen as precedence for private piracy and that people with thousands of movies on their harddrives naturally aren't liable for the sum of their retail price.
I don't think that holds. They installed all this software automatically, when you download movies you have to manually action each one. I mean, unless people are downloading movie packs from torrent sites these days or whatever?
Interesting how the court is using the business' past financials to reconstruct what would have been negotiated if the infringement hadn't happened.