Re: Exclusive jurisdiction -- remand or dismiss?

From: Mike Bradley <mbradley[_at_]techpubs.com>
Date: Sat, 15 Oct 2005 09:00:30 -0400

> If I read this correctly, the concern here is works where the author
> or publisher didn't bother to register the copyright, presumably
> because they didn't think the work was worth the effort to do so.
> Then the work is infringed, and they still don't think the work is
> worth enough to register and sue. So what's the problem?
>
> Copyright is not supposed to be airtight. This looks to me like the
> law is working just like we'd want it to, preventing nuisance suits
> for insignificant infringements.

Well, that's one way of looking at it. Another way is that federalizing copyright removed remedies for infringement that were appropriately scaled to the infringements' level of "insignificance." In their place is a system that clearly doesn't work for the great majority of creators. You can blame the creators or you can accept that the system shares the blame, as well.

Received on Sat Oct 15 2005 - 17:00:30 GMT

This archive was generated by hypermail 2.2.0 : Mon Mar 26 2007 - 00:35:56 GMT