gfxgfx
 
Please login or register.

Login with username, password and session length
 
gfx gfx
gfx
75314 Posts in 13188 Topics by 2636 Members - Latest Member: falcogiallo August 21, 2017, 02:48:03 am
*
gfx*gfx
gfx
WinMX World :: Forum  |  Discussion  |  WinMx World News  |  Magistrate Judge Recommends That Copyright Misuse Defense Be Allowed
gfx
gfxgfx
 

Author Topic: Magistrate Judge Recommends That Copyright Misuse Defense Be Allowed  (Read 239 times)

0 Members and 1 Guest are viewing this topic.

http://www.techdirt.com/articles/20140522/12101427336/magistrate-judge-says-guy-sued-malibu-media-can-argue-company-is-engaged-copyright-misuse.shtml

Quote
It's rare, but every so often we'll see courts willing to entertain claims of copyright misuse. These are situations where copyright law is being so obviously abused for other purposes that a court slaps the abuser down. While it may not go anywhere, it appears that copyright trolling leaders, Malibu Media, who are single-handedly responsible for 40% of all copyright cases filed this year so far, may now have to respond to claims of copyright abuse. In one of its lawsuits, the defendant, Ben Miller, hit back with a long list of defenses, most of which have been rejected or set aside. However, a magistrate judge is recommending the copyright misuse defense be allowed to move forward:

    Here, Defendant contends that “Plaintiff uses the same procedures of monitoring unsuspecting members of the public, directly connecting with the individual’s IP address, providing no ‘cease and desist’ notice, waiting until the evidence is destroyed, filing suit, and then offering to settle in exchange for dismissing the suit.” ... Plaintiff counters that “all it has ever done with respect to its copyrights is bring suits to enforce them; as a matter of law, doing so is not copyright misuse.”....

WinMX World :: Forum  |  Discussion  |  WinMx World News  |  Magistrate Judge Recommends That Copyright Misuse Defense Be Allowed
 

gfxgfx
gfx
©2005-2017 WinMXWorld.com. All rights reserved.
SMF 2.0.14 | SMF © 2017, Simple Machines
Page created in 0.024 seconds with 20 queries.
Helios Multi © Bloc
gfx
Powered by MySQL Powered by PHP Valid XHTML 1.0! Valid CSS!