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Re: SFLC is SOL


From: Hyman Rosen
Subject: Re: SFLC is SOL
Date: Tue, 04 May 2010 16:14:44 -0000
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.1.5) Gecko/20091204 Thunderbird/3.0

On 4/13/2010 10:01 AM, RJack wrote:
1) The SFLC is being tried in a federal district in the Second Circuit
not in the CAFC:
The JMRI case would be useful as toilet paper (and nothing more) in the
Second Circuit.

The reasoning of the CAFC is sound, and therefore other
courts can be expected to reach the same conclusions.

"... (a) concrete and particularized and (b) actual or imminent, not
conjectural or hypothetical;..."

17 USC 504
<http://www4.law.cornell.edu/uscode/17/usc_sec_17_00000504----000-.html>
    § 504. Remedies for infringement: Damages and profits
    (a) In General.— Except as otherwise provided by this title,
    an infringer of copyright is liable for either—
    (1) the copyright owner’s actual damages and any additional
    profits of the infringer, as provided by subsection (b); or
    (2) statutory damages, as provided by subsection (c).


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