Re: Attorney fees

[John Hasler]

Tim Smith writes:
> The other way, which is the one I believe courts usually go with, is for
> the court to ask what would have happened if D had obeyed the actual
> license that D had.

He would not have received whatever benefits he received as a consequence
of not obeying the license.  Those would go to the copyright owner, less
any direct expenses the infringer could prove, plus any damages the
copyright owner could prove.

This is all assuming, of course, that the copyright owner elects not to
demand statutory damages.
-- 
John Hasler 
john@dhh.gt.org
Dancing Horse Hill
Elmwood, WI USA