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RobotToaster • yesterday at 12:16 PM • 1 reply • view on HN

One of the underlying issues is that punitive damages seem to be the norm in US courts.

In the UK you can only claim for the actual damages incurred, which at most will be the profit you would've made on the sale of that book. Which makes most claims for private infringement uneconomical for corporations.

Replies

tzs • yesterday at 7:45 PM

Note though that the court can award more than this in some circumstances. From the Copyright, Designs and Patents Act of 1988, section 97 [1]:

  (2) The court may in an action for infringement of copyright having regard to all the circumstances, and in particular to—

    (a)the flagrancy of the infringement, and

    (b)any benefit accruing to the defendant by reason of the infringement, award such additional damages as the justice of the case may require.
I think most copyright systems have some provision for damages beyond lost profits, because if they did not what incentive would there be to not infringe?

[1] https://www.legislation.gov.uk/ukpga/1988/48/section/97