Comment Re:Sad (Score 3, Informative) 229
we don't have loser pays
Correction. In copyright cases, the court has discretion to award attorneys fees to the prevailing side. 17 USC 505
we don't have loser pays
Correction. In copyright cases, the court has discretion to award attorneys fees to the prevailing side. 17 USC 505
For justice to prevail the loser HAS to pay all court costs. Period!
You're wrong if you thing that will improve access to the courts; it would only make it worse. It would make it an even higher stakes poker game. The real things that would improve access to justice are such things as (a) making it easier rather than harder to bring class actions, (b) making it easier rather than harder for other forms of contingent cases, (c) investing money in civil legal aid, (d) developing laws to encourage prepaid legal services, and (e) the courts not bending the law -- as they sometimes do -- to accommodate large corporations abusing the judicial system (see my article on how the RIAA was given numerous unfair advantages by the courts in its war against ordinary people: "Large Recording Companies vs The Defenseless", ABA Judges Journal, Equal Access to Justice issue, 2008)
Even though Veoh is out of business the record companies lost a lot in this. Veoh may be gone but any attempt to treat someone else this way will cause severe penalties. You can run this scam once and then the courts get wise to it and punish you for trying to sue someone when it was made clear to you previously that you didn't have a case. Anyone else they sue will get attorney fees and the right to counter sue for harassment.
From your mouth to God's ears. (old Yiddish saying)
I worked for mp3.com from 1999 to them folding in 2003 from UMG's (and others) lawsuit. I worked for Veoh from 2008 to 2009 when they folded from UMG's lawsuit. I HATE UMG. Those were the most fun jobs I've ever had. The work was challenging, the environment was fun, and my co-worker were some of the smartest people I've ever met. I had the opportunity to write code that solved problems no one had every faced before. It was awesome. UMG has screwed me out of 2 very fulfilling jobs.
Yes they really do detract from the quality of life. I'm thinking those big record companies are going downhill. The sooner they go out of business the better as far as I am concerned.
And the real-world precedent of don't mess with the record companies even if you have the law on your side.
That's the message the record companies are trying to send.
It's so sad that they can sorta "win" by pushing Veoh out of business via litigation. Even though Veoh won they still lost. Sad. The judge should have awarded fees.
Agreed. What's the good of a "safe harbor" if the courts allow the record companies to bring frivolous lawsuits which cost huge dollars to defend?
Big Grats on this Ray! I know you've been preaching this for a long time. Good to see it finally getting some traction with the Courts. Am I also to believe that progress is being made with the improper joinder issue as well?
Absolutely, just today I posted another of many decisions granting severance and dismissal as to all John Does other than Doe 1:
While this is a great ruling, I've noticed a recent pattern: most of the cases where judges have come down hard on copyright trolls do not involve material from major studios. They involve pornography, often gay pornography. There are quite a few of these cases chronicled on TorrentFreak. I wonder to what extent the judges are letting their disgust of the underlying material come through in their rulings. Would they be making the same rulings if these people were accused of downloading mainstream music or films?
Good question. I don't know the answer. It certainly seems that the overt sleeziness of the current crop of plaintiffs -- as opposed to the camouflaged sleeziness of the RIAA plaintiffs -- has alerted the judges to the fact that there's something wrong here.
But wait... is this really fair?
Are you kidding me?
These jerks abuse the legal system to conduct extortion. Several prominent trolls are facing serious jail time for their crimes, which are numerous. And here you are worried that they have to have actual proof before trying to ruin somebodys life?!
LOL.
Now let's see, do I think it's fair? Hmmmm..........
Uh......., yeah, I do.
Good to see you again, NYCL - it's been a while.
Nice to see you, too, Quasi
Ray, given that they withdrew the case, does that still make this ruling precedent? And on what level of precedent?
It's not binding precedent, but IMHO it represents strong persuasive authority.
"More software projects have gone awry for lack of calendar time than for all other causes combined." -- Fred Brooks, Jr., _The Mythical Man Month_