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Originally Posted by Lady Fitzgerald
And yet we frequently see excessive awards granted, such has the McDonald's hot coffee case.
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Sure. It's what a lawyer friend once referred to as the "Deep Pocket Doctrine" of jury trials, which may be stated as "The side perceived as having the money will pay, regardless of the facts of the case." Medical malpractice suits are a good example. Was the doctor in fact guilty of malpractice? The jury is unlikely to be qualified to make a valid judgment. The attitude will be "He's a doctor and makes a lot of money, and besides, the insurance will pay for it." It's why insurers offering malpractice coverage do everything they can to settle out of court regardless of the circumstances. If it comes up before a jury, they are almost certain to lose, and get hit a lot worse than any out of court settlement would do.
But it's highly unlikely in copyright suits, as those aren't likely to come before a jury.
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No kidding. Thank you for stating the obvious. What set you off on this tangent?
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Trying to make sure people reading the thread had a clear understanding.
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It's true you do not have to register a copyright but can you show me one instance where someone successfully sued (in other words sued and received a favorable judgement) without having registered the copyright?
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No, because I don't track copyright suits. But I've spoken to intellectual property lawyers, and they've been clear that you
can sue without copyright registration. The question isn't whether you can prevail - it's what damages you can successfully claim. You need registration to go after the big bucks. If you are simply trying to stop someone from unauthorized distribution of your work, registration may be helpful but is not necessary.
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Dennis