08-19-2009, 01:24 PM | #106 |
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Sorry - I thought you meant that it wasn't worthwhile because the legal costs would outweigh the awarded damages. I see now what you mean; thank you for the clarification.
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08-19-2009, 01:24 PM | #107 | |
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It would require that the site hosting the material stand up to the company though, and not just automatically cave in. |
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08-19-2009, 01:28 PM | #108 | |
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Dale |
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08-19-2009, 01:32 PM | #109 | ||
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Quote:
Quote:
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08-19-2009, 01:35 PM | #110 |
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Quite often, the site is willing to stand up, it is the host that caves. In many instances the host caves before the site owner is even aware of what's going on.
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08-19-2009, 01:39 PM | #111 |
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The ISP shouldn't have much stake in it, since they are a safe harbor and are not liable. The way it's written is that if someone issues a DMCA against you and your ISP pulls the material, you are supposed to be able to dispute the DMCA and get the material put back up. As long as the ISP pulled it originally, and has something in writing from you that you are disputing it, they should not be held responsible for the material going back online.
That's how it's "supposed" to work. Not that it really does work that way. Usually what goes on is that a company abuses the DMCA in order to intimidate an ISP, the individual user is screwed, and the company is never held accountable for perjury. |
08-19-2009, 01:42 PM | #112 |
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A classic example is the US copyright holder of "Gone with the Wind", who will vigorously go after any Canadian site which hosts a copy of the book, even though it's in the public domain in Canada. Pure "scare tactics", but for many sites it's just not worth the hassle to argue about.
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08-19-2009, 01:44 PM | #113 | |
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In order to go all the way to trial, the site owner would have to inform their host that they are disputing and put the material back online. Then the company issuing the DMCA would sue in court. IF all that happened, then a judge could (theoretically) rule that the company committed perjury if they were not the copyright holder. I've never heard of that ever actually happening though. |
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08-19-2009, 01:46 PM | #114 | |
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What really blew was that Guy #2 was sending the notices to a bunch of places other than my host. In all like a half dozen notices were sent out for the same thing. To top it all off, I knew all the people involved, and the guy could have easily just asked me. |
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08-19-2009, 01:56 PM | #115 |
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Harry even in the UK it's not "pretty much always" often maybe.
My parents came damn near close to bankruptcy despite winning what should have been an "open and shut" case that dragged on for the better part of a decade. |
08-19-2009, 01:56 PM | #116 | |
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"Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding" Note the term "willful". If I assert an untruth, but believe it to be true, I am not willfully doing it. So there's plenty of wiggle room there for "oops, my mistake". |
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08-19-2009, 02:00 PM | #117 | |
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And the only person who can give the permission for a work to be copied is the copyright holder - whether or not the work is in an electronic format. |
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08-19-2009, 02:05 PM | #118 |
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Something else to remember about the whole Google/Amazon database thing—Google has talked with publishers about opening their own eBook store to go up against Amazon. I seriously doubt Amazon would want to license the database of what could be one of their biggest competitors.
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08-19-2009, 02:22 PM | #119 |
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08-19-2009, 03:05 PM | #120 | |
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And your second paragraph is plain incorrect. It's perfectly possible to give that right to other parties (exclusively or non-exclusively), and seperately for print and electronic forms...and for a miriad of divisions of such. Ask a published author. Abecedary - Remember I'm talking about the database which identifies rights holders, not the content of the books themselves. Although I'd actually argue that Google should have to provide the database of rights holders for the public for any use in return for what they're getting in the settlement. |
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