View Single Post
  #142   Report Post  
Old January 13th 06, 04:02 AM posted to rec.radio.amateur.policy,uk.radio.amateur
Phil Kane
 
Posts: n/a
Default Libel lawsuit

On 12 Jan 2006 09:31:21 GMT, Jeffrey Herman wrote:

If it's copyrighted, then a complaint needs to be filed with the US
copyright office, or at least get their advice as to how to proceed.
That's serious stuff.


Just for clarificxation -- if it's a question of WHO has the
copyright, then it's a Federal administrative (Copyright Office)
matter.

If it's a question of damages for copyright violation, it's a state
civil matter. I can just hear a close freind, who is a state court
judge, making his usual comment about "it's a shame that stupidity
is not a criminal offense in this state".

In addition, a specific Federal statute may exercise criminal
jurisdiction in certain instances, such as for CD, VCR, and DVD
piracy. These statutes usually specify a minimum amount for the
value of the material so pirated, the number of copies made, or
both.

PS - there are several cases that relieve ISPs from responsibility
for someone copying and reposting/publishing copyrighted stuff that
is on their public servers (BBS, Web Pages, etc) when the material
did not originate with the ISP. The only remedy that the injured
party can demand of the ISP is to refuse further access by the
violator, but that requires that a judicial finding be made that the
alleged violator did in fact do an unlawful act.

Shakespeare had it right: "What Fools These Mortals Be"

--
73 de K2ASP - Phil Kane