Quote:
Originally Posted by cd288
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Depends on what Daybreak asks for in the case. For the "donations" that THJ received, as you say those are pretty easy to do an accounting for and prove as transactions not donations, and Daybreak could try to argue that there should be recission on all profit THJ made off the IP. As far as consequential damages of "loss of potential profits and subscribers" that's harder to calculate...I would assume Daybreak will request it in their pleadings though; at that point the judge would decide if there's a reasonable argument that THJ caused lost business and see if there's some rational calculation they can come up with to estimate.
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THJ used the Steam download for their client, this creates a very strong link of market share competition of paying clients. The only thing deciding how financially fucked THJ devs are is if they hold enough assets to make the data analysis litigation worth it for speculative damages. They will owe every single cent that they received from payments for service and possibly even the unsolicited 'donations'. Depending on how much they spent for services from other contributors to the project the said contributors could be on the hook for that, which in itself may still appear to be income from the IRS perspective.
They're going after everything, rightly so, fuck THJ, they've really fucked over the community. Also, DBG wanted THJ shut-down but they have continued to keep the server up, it wasn't a mutual agreement it was THJ disregarding DBG entirely. The entire thing is such an overt illegal business that everyone who contributed and received payment is going to be prosecuted.