"This copyright holder has a lot of cases on protecting the exclusive right to its programs, a successful established practice,» Maksim Volkov, Head of Dispute Resolution Practice at PATENTUS patent bureau, told CNews. "When calculating compensation, it indicates the cost of its license and multiplies it by the number of copies used by the infringer. In this case, there could be many different factors in favor of a peaceful settlement: the procedural positions of the parties (the difference in the parties' positions on the number of violations (copies), on the cost of the right to use (scope of use), on the ownership of the media by the defendant, and so on); the plaintiff's desire to receive compensation in an expedited manner; possible criminal prosecution of the defendant for the violation; additional settlement conditions that might not have been reflected in the agreement."
"As Maksim Volkov explained to CNews, sometimes the copyright holder only seeks to stop the violation, and requests compensation in order to have additional leverage. In addition, with certain methods of calculating compensation (the so-called fixed amount from 10 thousand rubles to 5 million rubles for one violation), it is very difficult to predict the potential outcome. Therefore, both parties can agree on a peaceful settlement in order to find a compromise solution taking into account the existing positions, practice and evidence."
For more details see: "1C demanded 1.2 million from an entrepreneur, but he got out of it and paid six times less."
