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Re: How Many Trees? (WAS: URGENT: Immediate ethical issue

Subject: Re: How Many Trees? (WAS: URGENT: Immediate ethical issue
From: Jan Henning <henning -at- r-l -dot- de>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Wed, 7 May 2003 22:15:25 +0200

If I am understanding both Jan and Mark correctly,
variations on the same theme constitute copyright
infringement. [...]

No, not quite: Variations on the same them MAY constitute copyright infringement. Whether they actually do depends on the individual circumstances. And, as I've said earlier, when there are only so many ways to express a particular fact, not every expression of that fact may be copyrightable. This may well be the case for the installation of a standard hard disk in a standard PC, so the similarities you found may not constitute copyright infringement. (And in fact, both writers may have arrived at similar instructions completely independently).

The whole matter, unfortunately, is often less than clearcut.

As Eric stated - a company has to prove a loss in
income to sue for copyright infringement.

I believe that this is wrong. You may have to prove loss of income to be granted damages (not sure there), but you can certainly demand that the copyright infringement be stopped without having to prove anything beyond your copyright in the text in question.

A OT PS for Jan - Is GmbH the same as Inc.? I could
not find any information about GmbH itself.

I'm not sure what an Inc. is :-) A GmbH (Gesellschaft mit beschränkter Haftung - society [i.e., company] with limited liability) is defined by the fact that it has a certain paid-up capital and that it's owners are not liable for losses beyond their shares in this capital. (A GmbH does not, however, have tradable shares and isn't listed on any exchanges.) A GmbH is the easiest type of company to establish that lets the owners avoid unlimited personal liability.

Regards
Jan Henning

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Jan Henning
ROSEMANN & LAURIDSEN GMBH
Am Schlossberg 14, D-82547 Eurasburg, Germany

Phone: +49 700 0200 0700, Fax: +49 8179 9307-12
E-Mail: henning -at- r-l -dot- de, Web: www.r-l.de
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References:
RE: Re: How Many Trees? (WAS: URGENT: Immediate ethical issue: From: DaLy

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