[Vado vados vitae.] The $105 Fix That Could Protect You From Copyright-Troll ...
[http://www.wired.com/threatlevel/2010/10/dmca-righthaven-loophole/]
This article demonstrates one of the most difficult points to get
across when I am explaining the law to non-lawyers - the concept that
being sued does not mean that you do not have a legitimate defense. I
explain to client after client that just because they know they are
both factually and legally 'in the right', that does not mean that the
other side is denied the opportunity to file suit against them. The
DCMA takedown registry is the exception, rather than the rule. There
are very few statutes which provide virtual immunity from prosecution
by creating an alternative dispute procedure. One such exception is the
Consumer Protection Act, here in Massachusetts. G.L. c.93A provides for
a 'warning shot' procedure where if the complaining consumer fails to
give notice of the violation and an opportunity to reasonably settle,
the consumer is precluded from the true threats of the statute -
multiple damages and attorney's fees. Dozens of cases never get filed
because the amount complained-of does not financially justify an
attorney accepting the case for 1/3rd of the judgment nor justify
paying an attorney an hourly rate. But a $4,000 small claims complaint
for fraud and deceit then can turn into a potential $12,000 judgment
and attorney's fees. That is a powerful incentive for (a) attorneys to
provide legal services and (b) for the defendant to offer settlement by
making a (and this is important) a reasonable offer, usually less than
the amount claimed but substantially less than the threatened triple
damages.
The $105 Fix That Could Protect You From Copyright-Troll Lawsuits |
Threat Level | Wired.com
This article demonstrates one of the most difficult points to get
across when I am explaining the law to non-lawyers - the concept that
being sued does not mean that you do not have a legitimate defense. I
explain to client after client that just because they know they are
both factually and legally 'in the right', that does not mean that the
other side is denied the opportunity to file suit against them. The
DCMA takedown registry is the exception, rather than the rule. There
are very few statutes which provide virtual immunity from prosecution
by creating an alternative dispute procedure. One such exception is the
Consumer Protection Act, here in Massachusetts. G.L. c.93A provides for
a 'warning shot' procedure where if the complaining consumer fails to
give notice of the violation and an opportunity to reasonably settle,
the consumer is precluded from the true threats of the statute -
multiple damages and attorney's fees. Dozens of cases never get filed
because the amount complained-of does not financially justify an
attorney accepting the case for 1/3rd of the judgment nor justify
paying an attorney an hourly rate. But a $4,000 small claims complaint
for fraud and deceit then can turn into a potential $12,000 judgment
and attorney's fees. That is a powerful incentive for (a) attorneys to
provide legal services and (b) for the defendant to offer settlement by
making a (and this is important) a reasonable offer, usually less than
the amount claimed but substantially less than the threatened triple
damages.
The $105 Fix That Could Protect You From Copyright-Troll Lawsuits |
Threat Level | Wired.com