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Originally Posted by minusonebit
Your best settlement for copyright infringement has been 2,600 USD? Your lawyers suck, fire them. Isnt it a $100K cap for each infringement plus actual damages? And if those are the best lawyers Canada has, god have mercy on your legal system. Come to the land of lawsuits (America) and get some of our lawyers.
Good idea, tho. But for half of a max of 2600 (I am sure thats after your lawyer takes his cut), its not worth my time.
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So you've gone through the legal process and received $100k yourself?
Firstly, these are settlements between lawyers - not court-awarded. We've never gone to court (yet) with a case. Settlements are always substantially lower than amounts a judge would hand down. And much of the time the infringing individual is a nickel-and-dime punk with very little liquid assets available. Obviously a lawyer takes into consideration the amount a person can conceivably pay when attempting to negotiate a settlement.
As for 50% of $2600 not being worth your time, you must be a real BMOC if sending a simple email isn't worth $1,300usd.
In Canada, copyright damages are awarded based on the potential loss of revenue each infringement represents. Are you saying you have images that generate $100k each for you?
As for saying our lawyers suck - I guess they've been sucking since 1887.
http://www.patents-toronto.com/ (Riches, McKenzie & Herbert LLP)