Re: Re: False and Deceptive Trade Practices (was Acknowledging Samples)

It's a criminal provision, and its hard to imagine the case that would attract the interest of the U.S. Atty. Where the work is under copyright, the owner of the copyright will have a civil claim for infringement without the 506(c) claim, and the U.S. Atty would have no reason to pile on the criminal charge. A false copyright claim with respect to a public domain work would just be read narrowly under the Copyright Act to encompass the original aspects of the published work -- layout, typeface, etc. I can't really figure out what they were aiming for with the provision.

John Noble

At 2:35 PM -0400 9/25/06, Terry Carroll wrote:
>On Fri, 22 Sep 2006, David Dailey wrote:
>
>> But is it not also the case that no one has ever tried to enforce
>> that law? At least, I think I recall someone on this list claiming such.
>
>I've never heard of it happening. In the good old days, when I worked in
>a law firm (or the better older days when I was still in law school), I'd
>check the USCA annotations; but alas, being in-house counsel I don't have
>such resources any longer.
>
>
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Received on Tue Sep 26 2006 - 03:20:45 GMT