This is demonstrably false. In the case of my FAQs, I grant
permission only for noncommercial use. Someone who wants to use one
of them in a for-profit venture needs to get my say-so (and perhaps
pay me a license fee); if he doesn't, I am injured (and that is a
separate issue from whether the infringer makes or loses money in his
venture). Having granted just such a license on one of my FAQs, I
have a high degree of confidence that I can prove a loss in the event
of infringement. (Since I've registered the FAQ in question, though,
I wouldn't have to bother proving actual damages.)
Now, you may say "But instead of copying your Legal Research FAQ, the
infringer -- say, someone teaching a for-pay seminar -- could just
tell class memebrs where to find it." Yes, that's right, but he may
not want to for various reasons (including his student-customers' lack
of net.sophistication).
Sum of comment: making a FAQ freely available on the net does not
foreclose proof of financial loss.
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