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WinMX World :: Forum  |  Discussion  |  WinMx World News  |  Music Festival Producer Pre-Sues Bootleggers
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Author Topic: Music Festival Producer Pre-Sues Bootleggers  (Read 487 times)

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Offline DaBees-Knees

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Music Festival Producer Pre-Sues Bootleggers
« on: August 11, 2010, 09:11:48 pm »
http://www.techdirt.com/articles/20100811/01343110578.shtml
Quote
Ah, pre-crime. THREsq has a worrisome story of a couple of recent lawsuits by concert producers pre-suing potential bootleggers claiming trademark infringement. Yes, they're claiming trademark infringement for something that hasn't happened yet, and simply listing out hundreds of John Doe and Jane Does who can later be filled in. As a part of this, they're getting law enforcement involved by using the lawsuit to ask the court to order US Marshalls, local and state police and even off-duty officers to go ahead and seize and impound the bootlegged material.

It's really quite something to read the lawsuit which refers to possible events happening in the future:

The article notes that it seems unlikely that any defendants will show up in court to defend themselves or to protest the lawsuit, since they haven't done anything yet. So, basically, the lawsuit is allowed because there's no one to contest it, because who's going to contest such a lawsuit?

THREsq reasonably points out how troubling this trend is:

The threat of bootleggers is real, of course, but it's based purely on speculation, without evidence of the kind of past specific misconduct that might trigger temporary remedies as seen in criminal proceedings. That seems odd, and perhaps a slippery slope. Why can't any company in America file John Doe trademark action and get police to seize goods they believe will be infringing? What stops this beyond the concert venue?

"Yes, they're claiming trademark infringement for something that hasn't happened yet"

I keep saying it's the silly season and the more I read articles like this the more convinced I get.  8)


Offline White Stripes

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Re: Music Festival Producer Pre-Sues Bootleggers
« Reply #1 on: August 11, 2010, 11:51:42 pm »
um... i think we've passed silly season and have gone into orwell season...

they are gearing up what is essentially a 'thought crime' lawsuit... anyone else get a chill up their spine?

Offline ..Ñøßߥ..

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Re: Music Festival Producer Pre-Sues Bootleggers
« Reply #2 on: August 12, 2010, 09:12:00 am »
The next stop is sueing people who have a copyrighted song playing in their heads!

Offline GhostShip

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Re: Music Festival Producer Pre-Sues Bootleggers
« Reply #3 on: August 12, 2010, 02:58:42 pm »
A Judge could have halted this in its tracks by the simple means of following due process and asking that proof be shown of prior notification of the defendants even if they are as yet unknown, by not doing so the judge has erred in a major point of law and thus a "frivolous and vexaious" lawsuit is born. Dont US Judges know the scope of their powers are are they just lazy ?

This will be thrown out in minutes when it hits a real Judge and not some "just stamping the paperwork without reading it" judge.

Offline White Stripes

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Re: Music Festival Producer Pre-Sues Bootleggers
« Reply #4 on: August 12, 2010, 05:59:04 pm »
@GS; just lazy...

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