Template:Copyright and confidence: Difference between revisions

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(Created page with "===On the distinction between copyright and confidence=== The key thing is to distinguish between breach of copyright and breach of confidence. The former is...")
 
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Big difference here.  
Big difference here.  
*'''[[Copyright]] — [[account for profit|account for profits]]''': If I breach your copyright must account to you for the profits I have made out of the misuse of your information.
*'''[[Copyright]] — [[account for profit|account for profits]]''': If I breach your copyright must account to you for the profits I have made out of the misuse of your information.
*[[Confidence]] — [[damages]]''': If I beach your confidence, I must compensate you for the [[damages]] you have suffered as a result. My [[account for profit|profit]] from the use of the information is not part of the calculation (unless, by profiting from it, I have deprived you of the opportunity to profit, and even then you have to persuade a court that such a [[consequential loss]] was a [[reasonably foreseeable]] consequence of my breach, which [[Hadley v Baxendale - Case Note|courts have traditionally been reluctant to do]].
*'''[[Confidence]] — [[damages]]''': If I beach your confidence, I must compensate you for the [[damages]] you have suffered as a result. My [[account for profit|profit]] from the use of the information is not part of the calculation (unless, by profiting from it, I have deprived you of the opportunity to profit, and even then you have to persuade a court that such a [[consequential loss]] was a [[reasonably foreseeable]] consequence of my breach, which [[Hadley v Baxendale - Case Note|courts have traditionally been reluctant to do]].

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