OT: "Hypothetical" Plagiarism by CEO

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snipped-for-privacy@spamcop.net wrote:

Yes, and conflicts with the reality that it was almost exclusively King's book that was the source.

I imagine they are anticipating all stages of any sort of civil litigation that could fall out, in making that statement.

They might make that argument, but from what I've seen (and that's fairly limited, as IANAL) it's a difficult argument to make.
[schnibble]

I think WJ King has either passed away or is feeling his oats in some pasture. :)
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Enoch Root wrote:

I imagine the statment is either being made for pure PR purposes since it addresses an issue that is completely irrelevant to any legal issues. An infrignmetn suit alleges harm to the copyright owner. If the infringer didn't benefit from the infringent why should that matter to the copyright owner?

AFAIK that is the standard argument regarding damages. Each copy distributed by the infringer deprives the copyright owner of their rightful income they would have received by selling a copy. I suppose there are counter arguments that if sold instead of given away fewer copes would be distributed, arguments about profit margin and so on. But the basic argument that distribution of an infringing copy deprives the copyright owner of income is rock-solid. That is the basis for a copyright suit since typically you are not allowed to sue for anything unless the alleged tort has cost you something with monetary value.
Also, AFAIK there is no such thing as 'innocent infringement'. Ignorance of a existing copyright might be a defense against criminal charges (there is such a thing as criminal copyright infringement in addition to the tort), but would not be a defense in a civil suit. Negligence is not a necessary element for copyright infringement, though willfull infringement might result in punitives.

Uh, let me clarify: I meant a different, still living ghost, which would make it a 'work for hire'.
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Enoch Root wrote:

Okay, this was real. It's on the bottom of the front page of the NYT business section.
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