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Old 11-04-2009, 06:25 PM  
Barefootsies
Choice is an Illusion
 
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Join Date: Feb 2005
Location: Land of Obama
Posts: 42,635
Quote:
Originally Posted by Snake Doctor View Post
Something I would like to correct here, there is no loophole in the DMCA.



The DMCA itself is a loophole.


Of course the alternative is probably worse. That would be that you could sue someone for damages if they violated your copyrights, and there would be no safe harbor to hide behind.
BUT, your stuff wouldn't be taken down until a judge ordered it, and that would take at least 6 months, and if the pirate had half competent counsel, more like 18 months....at which point you'd be suing out of principle because your "new release" is now in the bargain bin.....also if it was found that the defendant had a fair use right, you'd have to remunerate them for attorney fees and costs etc.
That is just as entertaining as all the cases you read about every month in the trades. Nothing by a lot of sabre rattling that almost never goes to trial. In last month there were a good half dozen cases dropped, thrown out, or settled. Never going to trial.

So get a pair of good cowboy boots and do the cabbage patch, or greasy chicken. You are going to be dancing awhile, and as well proven over and over again. Few people have the balls to do anything, and those that do make a half hearted effort in the end still fold.

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Enough Said.

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