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Lopez v. Electrical Rebuilders, Inc., 416 F.Supp. 1133, 1135 (C.D.Cal.1976). Acquiescence, with full knowledge in the publication of a vast number of copies without copyright notice, may work a forfeiture. Transgo, Inc. v. Ajac Transmission Parts Corp., 768 F.2d 1001, 1019, 227 USPQ 598, 82 A.L.R.Fed 97 (C.A.9 (Cal.), 1985). Publication by a licensee of “vast numbers of copies without copyright notice may work a forfeiture” if done with full knowledge of a licensor who acquiesces. The limitations period for bringing copyright infringement claims is three years after the claim accrues. See 17 U.S.C. S 507(b) I have also seen several times where a project owner is made aware (e.g. via mailing list or github issue etc.) of an infringement and then they make a comment like "we do not have the money to fight this", and so then if three years passes after that point, the infringer basically gets away with it. Also, most people do not register their copyrights, which: Failure to Register Before Enforcement: In the U.S., while copyright protection is automatic, you must register the copyright with the U.S. Copyright Office before you can file a lawsuit for infringement in federal court. You have no proof that you own a copyright if you do not file for one. If you try to enforce it before you register the copyright, it can later become invalidated, or its validation process can be terminated. |
If you have standing and you don’t sue for lack of money, of course the infringer gets away with it! Your right was not extinguished though. You don’t have the right to bludgeon others, you have the exclusive right to copy.