Legal Fund

[Lettered]

It seems to me that there is at least on higher profile case whose outcome might affect a lot of people on this site.  One in particular that comes to mind is the HAN case recently filed.  I think that cases like this have a strong potential to result in legal precedent that will help or hurt our community out as a whole.  Of course, by "our community", I mean "innocent infringers" .  

I have no idea the quality of the defense team, nor do I have any idea of the funding available to the defendants.  I do, however, worry that dangerous precendence could be set if a defense isn't properly funded and pursued.

Happily, the Advernet case (which defaulted due to funding) worked out in favor of the ELI community.  I think it had juuuuust enough funding to get some good arguments (thanks to Oscar) in before it went to default.  What if it had went the other way and what if the judge had awarded huge statutory damages, simply because the defense was underfunded and the compelling arguments never reached the judge's ears?  How nervous would that make some of us here?

Anyway, I for one, would be willing to contribute through the ELI site, to a legal fund that would compensate Oscar to submit an amicus brief in the more important cases as donated funds allow.  In short, as I understand it, an amicus brief is a way to present legal analysis to a judge of a case that one isn't a party to.  I think it is quite common and usually done to help avoid bad precendence being set.

I should say that I really don't have any "skin" in the game any longer as the statute of limitations ran out on my alleged "infringement" some time ago.  However, I still feel strongly enough about this to donate money to the fund I mentioned if it came into existence.

Also, I want to stress that I'm not supporing this to make it easy for blatant infringers to get away with their thievery.  I merely want to see innocent infringers get a fair deal when they find themselves in this situation. I think this attitude is shared by the overwhelming majority of the participants here at the ELI forums.

[Jerry Witt (mcfilms)]

I agree. I am in a very similar position. I don't have any "skin" in the game either since they dropped my "infringement" a while ago. Buy I want to do what I can to stop these exorbitant demand letters. So I'm in for some money if a plan is laid out.

[Robert Krausankas (BuddhaPi)]

I also agree and would be willing to contribute!

[Matthew Chan]

I can't do a long reply right now but I have good news.

I got off the phone with Oscar and he likes the idea of filing an amicus brief given the right set of circumstances.  Oscar is familiar with them and open to the idea of doing one. However, much of it will be determined on HOW the defending attorney answers to the complaint.

Regarding monies and a legal fund, Oscar appreciates the gesture but will not accept any monies for an amicus brief. He would do it "pro bono" because he felt strongly about it.

It looks like amicus briefs might be the subject of a future ELI video update for Oscar and I to discuss.

[Jerry Witt (mcfilms)]

Yeah Oscar! That's pretty cool. Please let us know if there is anything we can do.

[Oscar Michelen]

Matt and I discussed this and I had already been considering doing an amicus brief  in the HAN matters, depending largely on the defendant's attorneys responses. I am touched by the willingness of you to put your money where your mouth is, but I would not accept any donations towards defraying my time. As for how you can help, all of you have helped through the years by posting comments and insights and keeping this forum alive; it is without a doubt the best source for information on this issue anywhere in the world.

[Lettered]

Many thanks for all you and the ELI team do!

[Robert Krausankas (BuddhaPi)]

Hopefully the Dr. from Aloha Plastic Surgery will come back and see this post, last I spoke with him he was on the fence of going it alone or bringing in his attorney..