

For gaming, lets say you have a title region locked to Japan but someone sells an unlocked pirated version.
Should they be able to sue for a product variant they very well could make but are choosing not to?
There’s the whole “no harm” rule, if they aren’t being harmed by selling to people who are not and never will be their customers…





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Can it really be an infringement if there’s no physical source though? That’s the question.
Say someone does an online comic strip, I download the images, re-format them for print, and sell a print version.
There is no physical version to bootleg, the only reason a physical copy exists at all is because I put the time and effort into making one.
Same with the “Calvin peeing on things” car stickers. King Features and Bill Watterson could absolutely produce those themselves, but don’t. Watterson refuses to license the character for anything.
At the same time, they also haven’t gone after the people who are producing them.