Perhaps. Perhaps not.
Home of the Underdogs was not profiting when they were forced to take down some abandonware titles.
All the peer to peer music swappers also were not profiting when the RIAA filed suits against them.
Monetary gain is not a prerequisite for infringement.
The way the intellectual property laws works, if the rights holder becomes aware of infringement, they are somewhat obligated to act. Failure to act can in some cases be interpreted in a court of law as a forfeiture of rights.
So regardless of whether someone really cares or not, you can find yourself in litigation just because they lawyers don't want to set a precedent of neglect.
I would not be worried about some suit at AOL wanting to mark their territory. I would be worried about a law firm tasked by the SPA to aggressively discover and attack any infringement of their member publishers' properties on that basis.
You could be right and nothing happens. I've seen it happen to others and just wanted to make sure you guys were aware.
It wouldn't hurt to check with a lawyer to get a professional opinion of the personal risks.
Best Regards,
Macros
Home of the Underdogs was not profiting when they were forced to take down some abandonware titles.
All the peer to peer music swappers also were not profiting when the RIAA filed suits against them.
Monetary gain is not a prerequisite for infringement.
The way the intellectual property laws works, if the rights holder becomes aware of infringement, they are somewhat obligated to act. Failure to act can in some cases be interpreted in a court of law as a forfeiture of rights.
So regardless of whether someone really cares or not, you can find yourself in litigation just because they lawyers don't want to set a precedent of neglect.
I would not be worried about some suit at AOL wanting to mark their territory. I would be worried about a law firm tasked by the SPA to aggressively discover and attack any infringement of their member publishers' properties on that basis.
You could be right and nothing happens. I've seen it happen to others and just wanted to make sure you guys were aware.
It wouldn't hurt to check with a lawyer to get a professional opinion of the personal risks.
Best Regards,
Macros