Such a license might also contain a restriction that goes beyond what the copyright law would prohibit. For example, if a user of a program purchases an upgraded version, the shrink-wrap agreement might prohibit use of both the prior and current versions at the same time, even if both were legitimately purchased. Whether this further restriction would be enforceable depends on the enforceability of the shrink-wrap agreement. It is reasonable to conclude that if a user avails itself of rights granted in a shrink-wrap license that go beyond those permitted by the copyright law, it will be held to restrictions in the license against acts the copyright law would otherwise permit. As a defendant in a copyright suit, one is potentially liable for, at the plaintiff's discretion, actual damages suffered by the plaintiff as well as the amount of profits resulting from the infringement, or statutory damages.
Judges have great latitude in determining the amount of statutory damages.
For an organization to assess and minimize its potential liability for copyright infringement of PC software, it must first identify all software it uses. This involves performing an audit of each computer's hard drive and determining the accessibility of each program via a network. This can be done manually or with the assistance of various utility programs. The first step, according to the SPA, is to appoint a Software Manager. This individual is responsible for implementing a company's software policies, maintaining records and supervising compliance with such policies and various software license agreements.