| ??? 10/05/09 17:36 Read: times Msg Score: +1 +1 Good Answer/Helpful |
#169453 - They have the right Responding to: ???'s previous message |
Richard Erlacher said:
Unless the publisher can show that you've caused damages, he's got no cause of action. This is in a state of flux because it's, in the past, caused logjams in the courts. However, without provable damages, it's frivolous suit and the courts are, step-by-step, making those a cause of action on their own. The copyright owner alone determines how he wants his material published. If his copyright explicitly disallows duplication, then copies are illegal, regardless of whether any loss occurred. The owner may allow you to make copies for personal use but disallow dissemination; if you publish his material on your web site you are infringing, regardless of whether any loss occurs. The owner must defend his copyright; otherwise, what is the purpose? There is no state of flux here -- this is the basis of copyright laws. And it's not for you to determine what is frivolous and what is not -- that is up to the lawyers and the judge in each specific case. -a |
