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Re: Microsoft and TomTom settle

From: Alexander Terekhov
Subject: Re: Microsoft and TomTom settle
Date: Tue, 31 Mar 2009 21:35:04 +0200

Forgot to quote...

Alexander Terekhov wrote:
> "Phil Da Lick!" wrote:
> [...]
> > > "In our 'Professional' opinion"? This from "Professionals" who filed
> > > five consecutive copyright infringement cases for clients who had no
> > > registered copyrights. ROFL
> >
> > Copyright doesn't need to be registered.
> See "prerequisite for U.S. authors seeking to initiate a suit for
> copyright infringement in federal district court" below.
> "What Do I Do If My Copyright Has Been Infringed?
> Serving primarily as an office of record, the Copyright Office is not
> charged with enforcing the law it administers. Copyright infringement is
> generally a civil matter, which the copyright owner must pursue in
> federal court. Under certain circumstances, the infringement may also
> constitute a criminal misdemeanor or felony, which would be prosecuted
> by the U.S. Department of Justice.
> If you believe that your copyright has been infringed and you anticipate
> a legal dispute, if you have not yet done so, it is advisable that a
> registration be made as soon as possible in order to secure the
> opportunity for valuable remedies and litigation advantages available
> for timely registration under the Copyright Act. If a work is registered
> prior to infringement or within three months of publication, statutory
> damages will be available as an option for monetary relief, and the
> recovery for attorney’s fees may be available. In addition, a
> registration made before or within five years of publication of the work
> provides a presumption of the validity of the copyright and the facts
> stated within the registration certificate. A certificate of
> registration (or a rejection of an application for copyright) is a
> prerequisite for U.S. authors seeking to initiate a suit for copyright
> infringement in federal district court. See Circular 1 Copyright Basics,
> and sections 410, 411, and 412 of the copyright law.
> Please be advised that there is no provision in the copyright law or the
> practices of the Copyright Office regarding any type of protection known
> as the “poor man's copyright.” The mere act of placing a copy in the
> mail addressed to oneself does not secure statutory copyright protection
> for the work, nor will it serve as a substitute for registration of a
> claim to copyright in this Office in terms of legal and evidentiary
> value. "

"Expedited Registration And Recordation

Under special circumstances, e.g., anticipated litigation, the expedited
processing of an application for registration of a claim to copyright
(“special handling”) may be requested. It is granted in a limited number
of cases to those who have compelling reasons for this service, such as
pending or potential litigation. If granted, the Copyright Office makes
every attempt to process the application within 5-10 working days from
the date of approval for this service by the Office. The fee for special
handling of an application for registration is in addition to the
registration filing fee. The fee for special handling of the recordation
of a document is in addition to the applicable recordation fee. If the
application is already being processed when the need for special
handling arises, please contact the Office for guidance in how to
request a change in requested service level. For further information on
the special handling procedure, please refer to Circular 10. For more
information on fees, please refer to Circular 4. "


(GNG is a derecursive recursive derecursion which pwns GNU since it can
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards
too, whereas GNU cannot.)

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