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Re: Attorney fees

From: rjack
Subject: Re: Attorney fees
Date: Fri, 11 Jul 2008 12:18:32 -0400
User-agent: Thunderbird (Windows/20080421)

Hyman Rosen wrote:
rjack wrote:
The Court's comprehensive docket records are starting to appear as if they
 have been spammed by a robot server from the the SFLC.

If there are many violators, then there need to be many cases. It seems to take the filing of a court case to gain the attention of a violator, and then
 they generally come into compliance.

(Cue the Verizon/Actiontec response :-)

What is manifestly clear from case law is that once a copyright owner becomes
aware of a violation and takes no action, the court will assume that the owner is granting permission.

What is manifestly clear from case law is that once a copyright owner repeatedly
brings meritless claims that are not within the jurisdiction of the court, the
court will assume that the purported copyright owner is filing frivolous,
harassing actions subject to F.R.Civ.P. Rule 11 sanctions. To wit:

"It [The Copyright Act] provides that "no action for infringement of the
copyright in any United States work shall be instituted until preregistration or
registration of the copyright claim has been made in accordance with this
title." . . .  Whether this requirement is jurisdictional is not up for debate
in this Circuit. On two recent occasions, we have squarely held that it is."
In re Literary Works in Electronic Databases Copyright Litigation 509 F.3d 116
(United States Court of Appeals for the Second Circuit, 2007)

Rjack :)

"[T]he first and fundamental question is that of jurisdiction, first, of this
court, and then of the court from which the record comes. This question the
court is bound to ask and answer for itself, even when not otherwise suggested,
and without respect to the relation of the parties to it. The requirement that
jurisdiction be established as a threshold matter spring[s] from the nature and
limits of the judicial power of the United States and is inflexible and without
exception." (citations and quotations omitted) Steel Co. v. Citizens for Better
Environment --- United States Supreme Court in 523 U. S. 83 (1998)

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