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Re: SFLC stipulated dismissal of Comtrend without any settlement


From: Hyman Rosen
Subject: Re: SFLC stipulated dismissal of Comtrend without any settlement
Date: Tue, 04 May 2010 16:15:06 -0000
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.1.5) Gecko/20091204 Thunderbird/3.0

On 4/13/2010 12:32 PM, Alexander Terekhov wrote:
The contract laws recognize a concept called "efficient breach" which
*encourages* breach of (enforcable) obligations if it's economically
efficient to do so.

However, copyright law provides for injunctions to prevent
ongoing infringement, so it does not matter if it would be
more beneficial for the infringers to continue infringing.
They will be prevented from doing so.

<http://www4.law.cornell.edu/uscode/17/usc_sec_17_00000502----000-.html>
    ยง 502. Remedies for infringement: Injunctions
    (a) Any court having jurisdiction of a civil action arising
    under this title may, subject to the provisions of section
    1498 of title 28, grant temporary and final injunctions on
    such terms as it may deem reasonable to prevent or restrain
    infringement of a copyright.


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