Thoroughbred Software International, Inc. v. Dice Corporation, Clifford v. Dice, Fred Wager, and John Does 1-10

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a defendant was “liable for all the unauthorized copies it made, regardless of whether these copies were accessible or used.”
• acknowledging that the parties agreed that the actual damages should be the amount the plaintiff would have received “but for” the defendant’s “unlawful copying of the software”
• discussing repeatedly whether certain types of copies Mr. Myers counts should count as functional copies
• conceptualizing actual damages as “the amount [the copyright owner] would have 1 Refers to Page ID Number. received but for [the infringer’s] unlawful copying
• “To assess the infringer’s profits, the copyright owner must first show evidence of the infringer’s gross revenue attributable to the infringement. Then the burden shifts to the defendant . . . . ” (citations omitted)
• “To assess the infringer’s profits, the copyright owner must first show evidence of the infringer’s gross revenue attributable to the infringement. Then the burden shifts to the defendant . . . . ” (citations omitted)

Source: CourtListener parenthetical corpus (CC0).