851
« on: January 11, 2012, 11:46:30 PM »
I'm enjoying the discussions here, indeed ELI gets even better with time.
I've noted that H.A.N./Tylor have a track record of pursing infringements internationally, specifically Canada.
This is 2012, and I don't see any reason that they couldn't pursue infringements by "free wallpaper" sites in Europe, or wherever.
"International" is not a problem, as shown by their own actions. They can't testify that it can't be done.
While somebody always has "standing", and "copyright" subsists in a work at the moment of it's creation,
it's only the copyright registration that enables "statutory damages" to be sought that makes a lawsuit worthwhile.
Otherwise, it's just "actual damages", and Tylor sells his stuff for ten dollars, or something.
Therefore, the first thing that I would check is to see if the work was registered at the time of the alleged infringement.
If they won't send you proof of registration, that's an answer in and of itself. That would mean that they have nothing.
If they have nothing, then it's over.
Next, to the free wallpaper sites...
It would be very difficult to prove who submitted the image to the wallpaper sites.
Often, you can submit images anonymously. IP addresses are shite. So, I suspect that this is a dead-end.
I don't think that a judge is a "disinterested third party".
Tylor's images are found on free sites worldwide, even on ones that shut down sites immediately upon a DMCA notice.
Hundreds, if not thousands of web impressions of his free images exist. They can be brought to court as evidence.
The key point is the "public interest". I doubt that a judge would grant their motion, as it would open the door to scams of truly epic proportions.
That's a compelling argument that can be made to a judge.
But, I really wonder if HAN/Tylor really have any intention of going through with a lawsuit, other than the one that is in "default".
Don't be so naive as to think that this isn't a scam. Don't be so naive as to think that Tylor and HAN haven't visited ELI months ago.
I'm seeing just a bit too much of the "benefit of the doubt" song and dance.
Next thing we know, Tylor is going to piss in everyone's face and say "it's raining".
Wow!! Thanks... that helps the flowers grow!! Herp-a-Derp.
But, yeah... some people won't put up a fight without a "guaranteed win".
They pay and it goes away. But that still doesn't necessarily mean that the plaintiff had a case from the beginning.
Just ask thousands of Getty victims who paid.
S.G.
Show Posts