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From: Kurt Ullman on 4 Aug 2010 21:20
In article <i3cv89$nu0$1(a)news.eternal-september.org>,
tom ronson <theavlv.ronson(a)yahoo.com> wrote:

>
> Righthaven also faces a problem with the courts themselves (I think it's
> article 11?) about not taking steps to remedy PRIOR to filing suit.

There is no requirement under copyright law to do anything other
than file (especially under statutory damages). In fact the last time I
had to use the law, about 4 years ago but I don't think anything has
changed in the interim, I went right after the guy who was stealing my
work.

>
> I don't think the model will be around for long tho.
Probably not. There is too much discretion for the most part since
the judge can give anywhere between $200 and $150,000 for willful
pirating and less if it is unwillful.

--
I want to find a voracious, small-minded predator
and name it after the IRS.
Robert Bakker, paleontologist
From: tom ronson on 4 Aug 2010 21:40
Kurt Ullman wrote:

> There is no requirement under copyright law to do anything other
> than file (especially under statutory damages).

out here there's, in the most simplest of terms, a requirement that all
other remedies have to be exhausted before filing. it's not a copyright
issue but a courts issue. I had the statute on my desktop until last
night when it got dumped so I can't point you --- but if I get it I'll
post it.

> and less if it is unwillful.

yeah --- deduct the ill-will and you might just come up a loser.

--
�We wanted them (the media) to ask the questions we want to answer so
that they report the news the way we want it reported.� -- NV senatorial
candidate, Sharon Angle.


--tr
From: tom ronson on 4 Aug 2010 21:45
Steve Kucera wrote:

> Here is the short and sweet message I sent:

lol -- right on. loved your adding in the link to the Sun material....
always twists them up. the only thing better is to mention Pulitzer
prize winning when you mention the Sun to the RJ and watch them twist.

Good thing you didn't call Mitchell --- he likes to hang up on people.

--
�We wanted them (the media) to ask the questions we want to answer so
that they report the news the way we want it reported.� -- NV senatorial
candidate, Sharon Angle.


--tr
From: Kurt Ullman on 4 Aug 2010 21:49
In article <i3d4q5$713$1(a)news.eternal-september.org>,
tom ronson <theavlv.ronson(a)yahoo.com> wrote:

> Kurt Ullman wrote:
>
> > There is no requirement under copyright law to do anything other
> > than file (especially under statutory damages).
>
> out here there's, in the most simplest of terms, a requirement that all
> other remedies have to be exhausted before filing. it's not a copyright
> issue but a courts issue. I had the statute on my desktop until last
> night when it got dumped so I can't point you --- but if I get it I'll
> post it.
If you find it let me, know. I haven't heard of it or across it.

>
> > and less if it is unwillful.
>
> yeah --- deduct the ill-will and you might just come up a loser.
The other side that I forgot about, is that the statute allows for
the court to award lawyers fees to the winning party. So, if they get
$200 but something semi-nasty in fees it might be a little bit better.

--
I want to find a voracious, small-minded predator
and name it after the IRS.
Robert Bakker, paleontologist
From: Steve Kucera on 4 Aug 2010 21:59
On 2010-08-05, tom ronson <theavlv.ronson(a)yahoo.com> wrote:
> Steve Kucera wrote:
>
>> Here is the short and sweet message I sent:
>
> lol -- right on. loved your adding in the link to the Sun material....
> always twists them up. the only thing better is to mention Pulitzer
> prize winning when you mention the Sun to the RJ and watch them twist.
>

Well I definitely feel that I have a dog in this fight. I was
interviewed a few years ago by the Sun's Jerry Fink, and of course I
posted the article on The Pickadillos' website. Seemed like a fair trade
off. They used my words to fill space in their paper, I got some
publicity for the band etc. I had no idea that my doing so had an impact
on their bottom line (and of course, it didn't).

p.s. Yep, I know that we're talking about the RJ here, but those
bastards never even called!


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