[MR] One step too far! (Duane Moore)

[the.lady.phoenix at gmail.com]

Unleash the lawyers!

the end of the world is near.

Frankly I like seeing big companies get sued and then lose having to pay out
huge sums.

Sara

2009/7/25 David Chessler <chessler at usa.net>

> If the copyrighted article has been REGISTERED, then statutory damages
> apply.
> If the SCA registers the names of its subdivisions, than each infringing
> T-shirt is $10,000, which can add up. There is no need to prove actual
> damages.
> --
>
> YIS
>
> Davitt il Bigollo da Pisa
> Erudit de l'Academie de Espee de Atlantia
> Storvik (rapier)
> Roxbury Mill (other things)
>
> ------ Original Message ------
> Received: Fri, 24 Jul 2009 03:33:36 PM EDT
> From: "Wolf SilverOak" <wolfsilveroak at cox.net>
> To: "'Garth G. Groff'" <ggg9y at virginia.edu>,
> <Atlantia at seahorse.atlantia.sca.org>
> Subject: Re: [MR] One step too far! (Duane Moore)
>
> > However, a 'Cease and Desist' letter would certainly get their attention.
> > Might not do much good, but...
> >
> > -Wolf
> >
> > Semper Fi, Once a Marine, Always a Marine.
> > Without Chaos, there can be no Order.
> > http://wolfsilveroak.insanejournal.com- Wolf's Den blog
> > http://wolfsilveroak.deviantart.com- DeviantArt page
> > http://www.1000markets.com/users/dantesspirit - Dante's Spirit at
> > 1000Markets
> > http://DantesSpirit.etsy.com - Dante's Spirit Etsy Shop
> >
> >
> > -----Original Message-----
> > From: atlantia-bounces at seahorse.atlantia.sca.org
> > [mailto:atlantia-bounces at seahorse.atlantia.sca.org] On Behalf Of Garth
> G.
> > Groff
> > Sent: Friday, July 24, 2009 3:14 PM
> > To: Atlantia at seahorse.atlantia.sca.org
> > Subject: Re: [MR] One step too far! (Duane Moore)
> >
> > Lord Effingham,
> >
> > No it isn't, and I really didn't state that well. What is the same is
> > that it would be nearly impossible to prove actual damages, which is all
> > you are allowed to collect (no punative damages). The art was not
> > commercial in the first place, so there are no lost sales, which is what
> > the court would be looking at. In addition, it would be very costly to
> > mount a suit. And a judge would not be pleased to hear such a case. The
> > little guy has almost no protection under the current law, given the
> > costs and what can be recovered.
> >
> > Kind regards,
> >
> >
> > Mungo Napier, Archer of Mallard Lodge
> >
> >
> >
> > Anthony Bryant wrote:
> > >
> > > On Jul 24, 2009, at 1:31 PM, Garth G. Groff wrote:
> > >
> > >> Friends,
> > >>
> > >> Allow me to add my own experience to this. A number of years ago I
> > >> self-published a small local history book and sent copies for review
> > >> to several local newspapers. One refused a review, but used quotes
> > >> from my book in a review promoting somebody else's book about the
> > >> same area (different aspect though). My book was copyrighted and
> > >> registered. I checked with a copyright lawyer, and he thought I had a
> > >> case, but told me a copyright violation is a Federal matter. I could
> > >> only sue for actual damages, which were minimal and unprovable. He
> > >> also pointed out that the case would have to be heard in regular
> > >> Federal court, as there is no Federal small claims court. Any judge
> > >> who had to take time for such a trivial matter would not be pleased
> > >> to have his time wasted when he had more important criminal cases on
> > >> his docket. I think this shirt would probably fall into a similar
> > >> category.
> > >
> > >
> > > On the contrary -- I don't think an article in a local newspaper is
> > > the equivalent of mass-produced T-shirts being sold in a nation-wide
> > > chain of a major department store.
> > >
> > >
> > >
> > > Effingham
> >
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>
>
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