[conspire] Book Burning continues thanks to the Feds

[Ruben Safir]

On Fri, Mar 25, 2011 at 08:10:17AM -0400, Ruben Safir wrote:
> 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).
> > 

BTW - that sounds like an agreement with me Rick :)

Ruben

> > -- 
> > 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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> > conspire at linuxmafia.com
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> 
> -- 
> http://www.mrbrklyn.com - Interesting Stuff
> http://www.nylxs.com - Leadership Development in Free Software
> 
> 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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> 
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-- 
http://www.mrbrklyn.com - Interesting Stuff
http://www.nylxs.com - Leadership Development in Free Software

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."

© Copyright for the Digital Millennium