At 5:15 PM -0400 9/22/06, Wallace J.McLean wrote:
> > The consumer definitely has standing, and if he purchases the work
>> in
>> reliance on the misrepresentation of authorship, he's got damages
>> because the works are in the public domain and available for free.
>>
>> John Noble
>
>
>What does the fact that the works are in the public domain and
>available for free have to do with it?
It supplies the element of damages.
>Can I now sue Prospero or Chapters for fraud for selling me --
>SELLING! -- copies of Austen, Dickens, or Dostoevsky?
Not without the other three elements of fraud: misrepresentation of authorship, intent to deceive, and reliance.
John Noble Received on Tue Sep 26 2006 - 03:20:45 GMT
This archive was generated by hypermail 2.2.0 : Mon Mar 26 2007 - 00:35:57 GMT