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Re:Our lawsuit against ChessBase by PennRobotics on Tuesday July 20, 2021 @06:08PM (#27899978)
It seems there has already been one similar case in Germany where an open source copyright violation occurred but no damages could be awarded. Specifically, a higher court overturned the damages permitted by a lower court.

(in German) https://www.cmshs-bloggt.de/gewerblicher-rechtsschutz/urhebe...

Re:Our lawsuit against ChessBase by suyjuris on Wednesday July 21, 2021 @06:06AM (#27904303)
But crucially, in that case the infringer did not make money based on their infringement, and the actual infringement was minor. (Specifically, a university failed to provide a copy of the GPL license alongside a download of the software, which they offered free of charge.)