Sammy nodded. "Well, unless we just settle with them," he said. "You
know -- we drop the suit we just filed and they drop theirs...." He
had hoped that this would come out on its own, but it was clear that
Hackelberg wasn't going to offer it up himself. He was too in love
with the idea of getting his hands on Perry and Lester.
Guignol rocked his head from side to side. "You think they'd go for
it?"
Sammy dropped his voice to a whisper and turned away from the rest of
the room to confound any lip-readers. "I think they've *offered* to do
that."
Guignol cut his eyes over to Hackelberg and Sammy nodded,
imperceptibly.
Guignol moved away, leaving Sammy to eat a Mickey head built from
chunks of salmon and hamachi. Guignol moved among the committee,
talking to a few members. Sammy recognized the behavior --
consolidating power. Hard to remember that this was the guy he'd
played savage, high-stakes games of putt-putt golf with.
The meeting reconvened. No one looked at Sammy. They all looked at
Hackelberg.
"What about trying to settle the suit?" Guignol said.
Hackelberg flushed. "I don't know if that's possible --"
"What about if we offer to settle in exchange for dropping the suit
we've just filed?"
Hackelberg's hands squeezed the side of the table. "I don't think that
that would be a wise course of action. This is the opportunity we've
been waiting for -- the chance to crack them wide open and see what's
going on inside. Discover just what they've taken from us and how. Out
them for all their bad acts."
Guignol nodded. "OK, that's true. Now, as I understand it, every DiaB
we shipped with this Banks person's code on it is a separate act of
infringement. We shipped a million of them. What's the potential
liability per unit?"
"Courts usually award --"
Guignol knocked quietly on the table. "What's the *potential
liability* -- what's the size of the bill a court *could* hand down,
if a jury was involved? If, say, this became part of someone's
litigation portfolio."
Hackelberg looked away. "It's up to five hundred thousand per separate
act of infringement."
Guignol nodded. "So, we're looking at a ceiling on the liability at
$500 billion, then?"
"Technically, yes. But --"
"I propose that we offer a settlement, quid-pro-quo with this Banks
person. We drop our suit if he indemnifies us from damages for his."
"Seconded," said someone at the table. Things were picking up
steam. Sammy bit the inside of his cheek to keep his smile in check.
"Wait," Hackelberg said. "Gentlemen and lady, please. While it's true
that damages can technically run to $500,000 per infringement, that
simply isn't done. Not to entities like this firm. Listen, we *wrote*
that law so we could sue people who took from *us*. It won't be used
against us. We will face, at worst, a few hundred dollars per act of
infringement. Still a sizable sum of money, but in the final analysis
--"
"Thank you," Guignol said. "All in favor of offering a settlement?"
Public-domain text, read in full here on John Shaqi.
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