[conspire] Book Burning continues thanks to the Feds
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.
> 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
> > 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.
> 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
> conspire mailing list
> conspire at linuxmafia.com
http://www.mrbrklyn.com - Interesting Stuff
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So many immigrant groups have swept through our town that Brooklyn, like Atlantis, reaches mythological proportions in the mind of the world - RI Safir 1998
http://fairuse.nylxs.com DRM is THEFT - We are the STAKEHOLDERS - RI Safir 2002
"Yeah - I write Free Software...so SUE ME"
"The tremendous problem we face is that we are becoming sharecroppers to our own cultural heritage -- we need the ability to participate in our own society."
"> 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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