Copyright trolls and warning shots
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 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.