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Oh, one important point I forgot to mention. If you are filing in the US -you could only reach the gross US profits.
As for mgtarheels comment --good luck finding a lawyer to take this one on contingency. Most copyright litigation cases will require $100,000 or more of attorney time. If the case is worth $300,000 or more - then maybe. But its hard to determine value before any discovery is done. If they didnt have much in the way of sales your attorney may pull out before then end of the case and leave you hanging if you arent paying them.
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