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Re: Attorney fees


From: Hyman Rosen
Subject: Re: Attorney fees
Date: Fri, 11 Jul 2008 14:25:23 -0400
User-agent: Thunderbird 2.0.0.12 (Windows/20080213)

rjack wrote:
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.

It's a long hard slog before a court will assume that, though:
<http://www.gamepolitics.com/2008/06/04/florida-bar-wants-jack-thompson-disbarred-10-years-thompson-storms-out-hearing>

I would guess that a prerequisite would be for a court to
actually decide that the claims were frivolous, which is
difficult when the cases are settled before they get to
trial. I will anxiously await a courageous code grabber
who is willing to go all the way, and then we'll see.


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