[conspire] Book Burning continues thanks to the Feds

[Ruben Safir]

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.  


No Billington does not sit on the commision.  It is formed by the
Copyright Register when needed, and the report their finding to
Billington, who then makes the decision and propagates the rules.

For exampl like this

http://www.copyright.gov/1201/2010/Librarian-of-Congress-1201-Statement.html

Next time they hold hearing your welcome to join me.

Ruben
> 
> 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.
> 
>   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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"> 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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