I just saw this and was like, What goes around comes around BITCH!
Hah! Well put, ZealKnight.
Could the C&D against CE be used as evidence of "unfair business practices?" Also, mav, is "unjust enrichment" related to the concept of "positive harm" as you understand it? It's pretty mindblowing to me.
From my limited understanding, positive harm generally comes about from one organization getting a positive benefit due to the [unlawful] actions of another organization. I don't know if positive harm occurs outside of copyright cases, but that's where my understanding from. Let's say Crimson Echoes was released, if Square saw an increase in the popularity and demand for Chrono Trigger, Square would be getting the positive harm: they're harmed by the theft of copyright material, but are gaining something positive out the entire situation.
I believe unjust enrichment is when one organization or company is making expenses off another organization, company, or person through unlawful means or wrongful actions. Let's say you sign up for a service by a company and you later find out that the company was making inordinate money off you due to some mistake (on their part) or maybe even some kind of factual omission, that would be unjust enrichment.
The difference comes down to the fact that positive harm comes from a company benefiting because of the unlawful action of someone else (like copyright infringement), whereas unjust enrichment comes from a company using unlawful actions to benefit off someone else, without that person's knowledge. I hope that made sense--unjust enrichment is too overly elaborated for me to get a coherent understanding...
