Damages
The main reason we worry about litigation is because of the consequences of losing. The other big reason is the cost of the litigation itself. For major battles between big companies, attorneys' fees of more than $300,000 per month are now commonplace in the United States. Ignoring attorneys' fees for the moment, though, what are the potential consequences of losing a lawsuit?
Calculating damages arising from cause of action in a software dispute is tricky. What is the value of software? Is it a function of the price paid for the software or the benefit derived from the software? Are damages a function of what was lost, such as business opportunity or sales? If the damages were caused by a part of the software but not the entire package, ...
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