Sentences with phrase «statutory damages awarded»

, is interesting mainly for the amount of statutory damages awarded.

Though the German courts recently ruled not to enforce the US court's decision (on the grounds that it considered the minimum statutory damages awarded to be excessive and punitive), Bossland ended sales for almost all of its hacks at the end of last year; as of today, the only ones remaining are for non-Blizzard games, specifically Final Fantasy XIV and Path of Exile, though according to the group's latest newsletter, there's a PUBG one tucked on the forums too.

Nintendo sought statutory damages for TPM circumvention on a per - work basis, i.e., a separate statutory damage award of $ 500 to $ 20,000 for each of the 585 Nintendo games made accessible by Go Cyber's circumvention devices.

The mammoth statutory damages award, coupled with the levy of punitive damages, sends a strong signal that Canadian courts are willing to protect and enforce owners» rights and punish those who take steps to circumvent these protective measures.

Given these facts and statutory damage awards in other cases, this court concludes that $ 5,000 is reasonable and necessary as a statutory damage award in this case, and will have the requisite deterrent effect on the defendant.»

This is an outrageous amount of money in the circumstances, and so Justice Conway used her judicial discretion, provided for in s. 38.1 (5), to lower the amount of the statutory damages award.

If the copyright owner can prove that the infringement was committed willfully, the court has discretion to increase the statutory damage award to up to $ 150,000.

Not exact matches

Bills in the package would also raise civil penalties for Violations And Create An Avenue for Housing Courts to award statutory, compensatory and punitive damages as well as attorney's fees and costs for harassment cases.

You agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq. (the «Act»), regardless of whether our content is protected by the Act or has been timely and / or properly registered under the Act, and regardless of whether you are located in the United States.

You agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq. (the «act»), regardless of whether our content is protected by the act or has been timely and / or properly registered under the act, and regardless of whether you are located in the United States.

You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration and legal costs on a full indemnity basis), claims, actions and any other losses or liabilities suffered by Us and arising from or relating to Your use of the service, information and / or other material posted on the Service by You and / or arising from or due to any breach of contract, any tortious act and / or omission and / or any breach of statutory due by You.

However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

The FDCPA prohibits abusive or coercive behavior in pursuit of a debt and awards consumers statutory damages of $ 1,000 for each violation of its code of conduct.

It basically states that if a collection company breaks this law, then the consumer would be entitled to a statutory award of up to $ 1000 dollars plus legal fees and damages!

The Court of Appeal held that the statutory deductible amendment was intended to have retrospective application based on a contextual analysis of related provisions of the Insurance Act and the reasoning that «since the jury awards damages in today's dollars, the quantum of the deductible should similarly be calculated in today's dollars».

In this case, the issue was whether the non-pecuniary damages award of $ 50,000 should be reduced by the statutory deductible in force at the time of the accident ($ 30,000), or the statutory deductible in force at the time of judgment ($ 36,540).

Unaffected by the decision was the reported $ 8.8 million award for economic damages, such as medical costs and lost wages, which has no statutory limitation.

The Court also held that the plaintiffs» recovery, even if sustained, would be limited to $ 20,000 by virtue of the application of the statutory cap on damage awards arising out of charitable activities under G.L. c. 231, § 85K.

[119] Since the employment income that Ms. Brake earned during her statutory entitlement period is not deductible from the damages award, the trial judge ought to have determined her statutory entitlement period and identified which items of employment income were attributable to that period and which were attributable to the Balance of the... [more]

While the statutory cap on compensation for unfair dismissal has crept upwards (it is now # 63,500) the rules governing the award of damages for wrongful dismissal have remained, for the most part, not only stable but also consistent with the general principles of contract law.

Statutory damages are damages awarded based on a fixed amount set by law.

«Second, there are the numerous statutory limits on jury trials, such as workers» compensation, no - fault auto claims, state tort claims acts and the like, which remove the right to jury trial altogether or limit the damages that can be awarded,» he says.

In a post on this site last November, «Why the new s. 258.3 (8.1) of the Insurance Act will retroactively scale back prejudgment interest rates in MVA actions,» I stated that the statutory amendment reducing the rate of prejudgment interest for non-pecuniary damage awards (damages for pain and suffering and the non-pecuniary portion of dependent family claims) in automobile tort cases must be applied retroactively.

Statutory Fee - Shifting Provisions Can Have Real Force In A Case For A Prevailing Party, Even If The Compensatory Damages Award Is Much Less Than Requested Fees.

He was looking for a separate award of statutory damages for each infringement — then essentially multiplied by all of the joint infringers.

Nintendo elected to recover statutory damages for both copyright infringement and TPM circumvention and the decision discussed in detail the court's approach to the damages award.

The court awarded Nintendo $ 60,000 in statutory damages pursuant to s. 38.1 of the act for Go Cyber's copyright infringement of the header data works.

Copyright law's allocation of statutory damages proved harsh in this case, with the jury deciding to award $ 9,250 per song, when it could have gone as low as $ 750.

For example, the court can award statutory damages of $ 200 per day for each breach of section 6 (the CEM obligations), not exceeding $ 1 million for each day on which a breach occurred.

The magistrate judge recommended partially granting plaintiff's motion for default judgment and awarding statutory damages in the amount of $ 5,000.»

Here, the court found that while the plaintiff probably wasn't a «non-producing troll» (someone who enforces copyrights just to extort money from people who are too embarrassed to fight a Federal porn suit), the court still found that a damage award that was three times the statutory floor was excessive.

In upholding the trial judge's damages award, the Court of Appeal adopted the reasons from Bolland v APV Canada Inc in finding that regardless of income received from other sources during the statutory notice period, an employee is entitled to receive all statutory minimum entitlements regardless of any mitigatory earnings.

«In addition to actual damages suffered for a breach of CASL's anti-spam and anti-malware provisions, courts will be able to award applicants statutory damages of $ 200 for each contravention of CASL up to $ 1 million for each day on which a contravention occurred.

However, another recent American decision resulted in a $ 1.2 million dollar award for copyright infringement of another photograph, this time under statutory damages.

Therefore, the courts in Thomas - Rasset and Tenenbaum appropriately used statutory damages to calculate plaintiffs» awards.

Maria Pallante, the Register of Copyright, has indicated that while statutory damages «have long been an important part of copyright law to ensure that copyright owners are compensated for infringement,... where actual damages are unworkable,» there may be «plenty to do on the edges» to harmonize damages awards against individuals.

In this program, we engage Nesson's key arguments, focusing especially on Nesson's claim that copyright law's statutory damages regime runs afoul of constitutional protections against excessive and / or arbitrary civil damages awards.

In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $ 200.

In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $ 150,000.

Assuming that liability in Canada could be established then in terms of damages for copyright infringement, the Act includes a civil remedy of statutory damages which a successful plaintiff may elect to be awarded in place of an accounting of profits or damages.

Where the evicted tenant had significant security then full statutory damages will be significant, but no landlord should end up being subject to a full award.

Such statutory damages can be between $ 500 and $ 20,000 per infringed work, and are in addition to any punitive damages that a Court may decide to award.

One small positive note is that a court will not be allowed to award the statutory damages described above for CASL violations if the person has entered into an undertaking with the CRTC or been served with a notice of violation by the CRTC regarding the same conduct.

The decision, in Loveridge v Mayor and Burgesses of the London Borough of Lambeth [2014] UKSC 65, means substantial statutory damages can be awarded against local authorities for unlawful eviction.

Even if CRIA were able to convince a Court to order an ISP to divulge the identity of the alleged file - sharer, and even if CRIA could prove to a Court that the defendant's conduct in uploading or downloading the recordings in question was not within the private copying exemption, the total statutory damages that could be awarded to CRIA, if not grossly out of proportion to the damage suffered, could not exceed $ 20,000 per recording, for a total of $ 480,000 (Can.).

The amount of statutory damages to be awarded is to be based on, among other things, the need to deter other infringements of the copyright in question.

A court has wide discretion in awarding damages for infringement, with statutory damages ranging from $ 750 to $ 30,000 per work.

In the claim against the seller, the court granted default judgment for Plaintiffs and awarded $ 2,000 in statutory damages.

«Absent the maximum statutory award of damages, future potential infringers of Plaintiff's MLS copyrights will only see the potential benefit of high commissions from ill - gotten leads.

Finally, a new federal law, The Anti-Cybersquatting Consumer Protection Act, provides courts with new powers to cancel and transfer domain names, impose stiff statutory and other damages, and award attorneys» fees.