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Re: JMRI case -- Implementation of the Federal Circuit's Opinion

From: Hyman Rosen
Subject: Re: JMRI case -- Implementation of the Federal Circuit's Opinion
Date: Fri, 31 Jul 2009 12:39:22 -0400
User-agent: Thunderbird (Windows/20090605)

Alexander Terekhov wrote:
Non-economic doesn't mean irreparable and immediate

Not necessarily, but in this case yes, for reasons
the brief and I both explained.

And contract laws provide for remedy known as
> "specific performance".

Unless the copyright violator has tracked the parties
to whom he has illegally distributed the work, he will
be unable to make good on the copyright holder's desire
that the recipients be informed of their permissions.
That's what makes the violation irreparable.

Who told you that Appellees didn't track the users of
> allegedly infringed material? The record is full of
> evidence to the contrary

Remember that an amicus brief doesn't necessarily limit
itself to the specifics in the case for which it is filed:

Amicus Briefs -- Why File Them?
    from chapter 12.2 of Federal Appellate Practice
    an amicus brief can explain the practical effects of a
    particular outcome on individuals or groups not before
    the court.

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