[conspire] Book Burning continues thanks to the Feds

Ruben Safir ruben at mrbrklyn.com
Fri Mar 25 05:10:17 PDT 2011

On Thu, Mar 24, 2011 at 10:32:59PM -0700, Rick Moen wrote:
> Quoting Ruben Safir (ruben at mrbrklyn.com):
> > Every few years the copyright commision holds hearings on the
> > DMCA...those hearing,...not just those.
> That's not a commission, and there is no such thing as 'the copyrights
> commission'.  It's the Librarian of Congress -- currently James H.
> Billington.  
> 17 U.S.C. 1201(a)(1), which was part of DMCA's amendments to the
> national Copyright Act, requires the Librarian of Congress every three
> years consult with the LoC's Register of Copyrights and the Commerce
> Department's Assistant Secretary for Communication and Information.  The
> Librarian is then required to determine where users of any particular
> classes of copyrightable works are or will be adversely affected by by
> DMCA's prohibition against 'circumvention'.
> Once again, this has absolutely nothing to do with the availability of
> 17 U.S.C. 504 in civil litigation against other people violating
> copyrights that you haven't bothered to register with the Library of
> Congress.
> > And while you think you might be able to sue successfuly for copyright
> > infringment without registration, try it.  Have fun.  
> > 
> > I'm certain everyone in the courtroom will be polite.
> Lawyers do not agree with you.

The one I have on retainer does

>   Why register?  If you do not register with the United States Copyright
>   Office, you will only be able to recoup a small fee if you sue (in the
>   $750.00 range), and you will have to pay for your own lawyer's fees,
>   which, as you can imagine, will far exceed $750.00.  Registration gives
>   you access to the $150,000.00 prize for each instance of copyright
>   infringement discovered.
> http://www.longislandlawyerblog.com/how-to-recover-damages-when-someone-steals-your-intellectual-property
> Now, as a matter of procedure, I forgot until now that you _would_
> actually be required by the court to register the copyright just before
> filing your civil lawsuit for infringement (adding $35 to your other
> litigation costs) -- except for foreign works, in which case you can sue
> infringers without taking out a registration first.  In either of those
> cases, you would, as I mentioned, be prohibited from collecting
> statutory damages (because of lack of constructive notice before the
> infringement occurred), and would only be able to get the injunction
> against _further_ infringement (plus the small fee mentioned above,
> which I forgot, earlier).
> -- 
> Cheers,               "This is the first time in my lifetime that Irish people are 
> Rick Moen             able to go 'What?  You're going to England?  It's full of 
> rick at linuxmafia.com   terrorists.  Come to Ireland.  We've no terrorists at all.  
> McQ! (4x80)           They're all playwrights, now.'"    -- Dara O'Briain 
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"Yeah - I write Free Software...so SUE ME"

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"> I'm an engineer. I choose the best tool for the job, politics be damned.<
You must be a stupid engineer then, because politcs and technology have been attached at the hip since the 1st dynasty in Ancient Egypt.  I guess you missed that one."

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