Re: SOD Editor-Retrographer Volunteers

From: Kevin Gowen (kgowenNOSPAM_at_myfastmail.com)
Date: 12/05/04 

Date: Sun, 05 Dec 2004 16:56:01 -0500

James Rose wrote:
>>Really? That's news to me. Here is the chapter of the Copyright Law that
>>address remedies:
>>http://www.copyright.gov/title17/92chap5.html
>>
>>Please indicate the section(s) referring to a cause of action called
>>"theft of copyright", buddy boy.
>
>
> Try not to be dumb enough to try and pass yourself off as a lawyer. Every
> idiot who advocated this brand of pysdo-lawyerism and went to court got
> creamed. So, before you go around promogulating myths on the Internet, try
> this excerpted from "The 7 Myths of Internet Copy Right Law":
>
> http://www.glamourmodels.com/resources/articles/070903.html

You're right. I wasted my time in law school, where I was repeatedly
tested and found competent. I further wasted my time by sitting for a
bar examination through which I was found competent. I should have just
gone to glamourmodels.com.

My Florida bar number is 900621. What state bar(s) are you a member of?
I'd like to know your credentials so we can avoid pysdo-lawyerism [sic].

> <<QUOTE>>
> MYTH # 7:
> "Copyright violation is not a crime-it is just a quarrel between two
> businessmen."
>
> Wrong. Copyright violation is a crime AS WELL AS a civil wrong. Read the
> splash screen disclaimer at the start of any video you rent if you think
> otherwise. Or talk with an FBI agent. Most of the copyright cases we see are
> federal felonies, AS WELL AS civil law violations.
>
> In addition to the severe civil and criminal penalties of copyright
> violations, the same acts leave the pirate open to additional civil and
> criminal charges, for wrongdoing like "unfair competition," and violation of
> the "No Electronic Theft" law and other statutes.
> <<END QUOTE>>

Well, I never said that copyright infringement is not a crime. Luckily,
neither does the retort to "MYTH #7"; it contradicts nothing that I
said. If you are going to raise the fact that there is an act called the
"No Electronic Theft Act", please don't. The NET Act was as series of
amendments to 17 USC 101, 506-507 and 18 USC 2319-2320.

If you would have followed the link that I supplied, you would have seen
that 17 USC 506 provides for "criminal infringement". Note that
Congress elected not to use the terminology, "theft of copyright". There
is simply nothing in the Copyright Act that even hints at the existence
of a cause of action called "theft of copyright". Since you are claiming
that such a cause of action exists, please state the elements of "theft
of copyright".

> See also that EMI calls it "THEFT OF COPYRIGHT" in their lawsuit:
>
> http://www.pcworld.com/news/article/0,aid,111064,00.asp

I'm sorry, but that page does not have a link to EMI's complaint, and
the phrase "theft of copyright" appears nowhere on that page from PC
World magazine. The closest thing to what you claim is a public
statement from EMI that rants against "theft of copyrighted music".

Furthermore, just because a cause of action is stated in a complaint
does not mean that it is a proper cause of action.

I just check my Blackberry, and it seems that I have a hearing on a
motion for final judgment tomorrow morning. Think it would help if I
cited glamourmodels.com to the court? 

-- 
Kevin
"This is the best election night in history."--Democratic National 
Committee chairman Terry McAuliffe, Nov. 2, 2004, just before 8 p.m. EST

Relevant Pages

  • Re: SOD Editor-Retrographer Volunteers
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