[Gllug] Query on PD software licencing

[John Southern]

I have an Off Topic licencing problem.

A small computer user group I have dealings with has potentially made a big 
mistake.
They have a library of software on CD.
The CD has been sold for many years at £10
One member has some programs on this CD and they include a copyright line that 
says "THE LEGAL BIT   xxxxxx is freeware and may be freely copied and 
distributed provided no financial gain is made, although recognised PD 
libraries may charge a small copying fee."

The member has found out that the user group was charge £3 for the discs to be 
made back in 2000. The member is seeking damages.

Is there a limit on damages? I think a grand total of about 10 copies were 
sold over the years.

From what I can make out, under the Copyright Act,  the penalties for 
infringement, except for the most serious cases, are payment of damages and 
costs - in other words, it is a civil offence rather than a criminal one. The 
damages are the actual financial damages caused the copyright owner.

So the problem is, can the member seek all the assets of the user group?
Is the onus on him to prove financial loss?
What is to stop anyone from taking freeware stuff and selling it as their own 
against the authors wishes?

John S
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