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Re: Attorney fees
From: |
Hyman Rosen |
Subject: |
Re: Attorney fees |
Date: |
Fri, 11 Jul 2008 14:46:13 -0400 |
User-agent: |
Thunderbird 2.0.0.12 (Windows/20080213) |
rjack wrote:
This post on the William Patry copyright blog should strike fear into the
hearts of the Monsoon gang and the SFLC.
"When a plaintiff is suing just for money and he has no ground at all for
obtaining a money judgment, the fact that his rights may have been
violated does not save his suit from being adjudged frivolous. (page 5)"
The Patry blog post is here:
<http://williampatry.blogspot.com/2008/07/judge-posner-on-attorneys-fees-to.html>
From the Petit discussion of the case:
<http://scrivenerserror.blogspot.com/2008/07/8710a.html>
"The problem here is that Judge Posner's decision rather
misleadingly seems to concern only copyright law, and will
thus be twisted all out of recognition by both the
extremists in the copyright/fair use debate and possibly
the tort reform wingnuts.
...
The real problem with Eagle is that it is too easy to wrench
the juicy bits from context for ideological purposes, because
it is founded on the wrong rule of decision."
And from the decision itself:
"It is apparent that the suit was filed in order to cramp the
style of a competitor and perhaps warn off any other employee
of Eagle who might have the temerity to set up in competition
with it.
...
The suit could not have been brought in good faith...
...
So the suit was frivolous even if there was a copyright
violation. When a plaintiff..."
Now, suing someone for monetary damages because they have been
distributing copyrighted works without a license is exactly what
normal copyright cases are all about. Trying to twist this Eagle
case to match GPL copyright infringement suits is laughable.
- Re: Attorney fees, (continued)
- Re: Attorney fees, Hyman Rosen, 2008/07/14
- Re: Attorney fees, Alexander Terekhov, 2008/07/14
- Re: Attorney fees, Hyman Rosen, 2008/07/14
- Re: Attorney fees, Alexander Terekhov, 2008/07/14
- Re: Attorney fees, Hyman Rosen, 2008/07/14
- Re: Attorney fees, rjack, 2008/07/14
- Re: Attorney fees, rjack, 2008/07/14
- Re: Attorney fees, Hyman Rosen, 2008/07/14
- Re: Attorney fees, rjack, 2008/07/11
- Re: Attorney fees, Hyman Rosen, 2008/07/13
Re: Attorney fees,
Hyman Rosen <=
- Re: Attorney fees, rjack, 2008/07/11
- Re: Attorney fees, Hyman Rosen, 2008/07/11
- Re: Attorney fees, Alexander Terekhov, 2008/07/11
- Re: Attorney fees, Hyman Rosen, 2008/07/11
- Re: Attorney fees, Alexander Terekhov, 2008/07/11
- Re: Attorney fees, Hyman Rosen, 2008/07/11
- Re: Attorney fees, Alexander Terekhov, 2008/07/11
- Re: Attorney fees, Hyman Rosen, 2008/07/13
Re: Attorney fees, David Kastrup, 2008/07/11
Re: Attorney fees, Alexander Terekhov, 2008/07/11