Click Official ELI Links
Get Help With Your Extortion Letter | ELI Phone Support | ELI Legal Representation Program
Show your support of the ELI website & ELI Forums through a PayPal Contribution. Thank you for supporting the ongoing fight and reporting of Extortion Settlement Demand Letters.

Author Topic: copyright litigation strategic opportunities  (Read 4045 times)

parkerbenson

  • Newbie
  • *
  • Posts: 24
    • View Profile
copyright litigation strategic opportunities
« on: April 17, 2011, 12:12:04 PM »
Do a google search on the phrase "copyright litigation strategic opportunities" and click on the PDF document or quick view of the sunstein law document.

Page 25 seems particularly suited to these situations, but the entire document is interesting.

has anyone tried seeking a declaratory judgment as soon as they got the demand notice and/or threat of suit?

see See PHC, Inc. v. Pioneer Healthcare, Inc., 75 F.3d 75, 77, 79 (1st Cir. 1996) referenced

parkerbenson

  • Newbie
  • *
  • Posts: 24
    • View Profile
Re: copyright litigation strategic opportunities
« Reply #1 on: April 17, 2011, 12:40:52 PM »
also try a google search on "ELIMINATING VALUE OF INFRINGEMENT: AN ECONOMIC ANALYSIS"

that documents makes for a good read also

Matthew Chan

  • ELI Founder, "Admin-on-Hiatus"
  • Administrator
  • Hero Member
  • *****
  • Posts: 2763
  • 1st Amendment & Section 230 CDA Advocate
    • View Profile
    • Defiantly
Re: copyright litigation strategic opportunities
« Reply #2 on: April 17, 2011, 04:31:34 PM »
I do agree with you. The "copyright litigation strategic opportunities" is particularly interesting. I didn't read it in detail but I did scan through it.
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

Oscar Michelen

  • ELI Legal Warrior
  • Hero Member
  • *****
  • Posts: 1301
    • View Profile
    • Courtroom Strategy
Re: copyright litigation strategic opportunities
« Reply #3 on: April 18, 2011, 11:12:23 PM »
Its all a matter of costs.  Most people don't want to file a declaratory judgment action because of the expense involved. We have done that in a number of contested IP cases with success but the Getty claims are small and dont merit that approach unless some passionate well-moneyed person gets the letter.

 

Official ELI Help Options
Get Help With Your Extortion Letter | ELI Phone Support Call | ELI Defense Letter Program
Show your support of the ELI website & ELI Forums through a PayPal Contribution. Thank you for supporting the ongoing fight and reporting of Extortion Settlement Demand Letters.