On 2006-06-08, Erik Funkenbusch <erik@xxxxxxxxxxxxxxxxxxxxxx> wrote:
>> I take it you have independent evidence of _both_ the willfulness of
>> Roy's alleged infringement, _and_ that Roy obtained commercial
>> advantage or private financial gain from the alleged infringement or
>> that the cartoon in question has a retail value of more than $1000.
>
> Roy did willfully infringe because he linked to the authors web page which
> clearly spells out that he is required to contact the author for permission
> to use the works. He can't claim to have not known, because he he
> explicitly links there.
That's your _theory_ of what Roy knew, not _proof_ of willfullness.
> Roy has obtained commercial advantage, because he collects revenue
> from advertising on the page.
You _know_ that for a fact? You've seen Roy's invoices or other
personal financial information? Gosh, I hope you haven't committed
"criminal" trespass or anything like that. (If the "revenue" from the
advertising is enough to cover, or less than, the cost of running the
website, then there's no "gain" involved, obviously.)
--
Darrin
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