Re: Exclusive jurisdiction -- remand or dismiss?

From: Joseph Pietro Riolo <josephpietrojeungriolo[_at_]gmail.com>
Date: Mon, 17 Oct 2005 17:40:01 -0400


On 10/15/05, John P. McNeill <johnmcn[_at_]bellsouth.net> wrote:

>

> 4. Under current US law a person can have copyright rights, but be without
> a means to enforce those rights.

It seems that you are wrong on this. Copyright holders already have the means to enforce their exclusive rights. What gives you the impression that they are without means to enforce their rights?

> 6. Yet a foreign copyright owner can bring a lawsuit in a US court without
> having a US registration.

It is only a small difference in term of money and time. No big deal. I get the impression that you want to make the life for copyright holders infinitely easier than the public's right to have clear record of who owns what.

> 7. I agree with the idea of providing extra or additional protection to
> copyright holders that provide notice (an infringer's loss of some defenses)
> and to those that register their works (statutory damages, atty fees), but
> do not believe that registration should be the ticket into court.

What is your suggestion on alternative to registration?

> Any other thoughts?

Let's not forget that the copyright term continues to increase and that the scope of copyright continues to expand. Also, let's not forget the delicate balance between authors and the public. Let's not forget that copyright is limited monopoly. Copyright is the only monopoly that does not require any kind of formal record. You can't really focus on the tree about registration without looking at the whole forest.

Joseph Pietro Riolo
<josephpietrojeungriolo[_at_]gmail.com>
<riolo[_at_]voicenet.com>

Number of days left until 1-1-2019 when all knowledge of 1923 in the land of the U.S.A. will be freed from their copyright owners' prisons: 4,824

Public domain notice: I put all of my expressions in this post in the public domain. Received on Tue Oct 18 2005 - 01:40:01 GMT

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