Re: Coursepacks

From: Dan L Burk <BURKDANL[_at_]shu.edu>
Date: Tue, 30 Jun 1998 09:19:35 -0400

On 6/29/98, Vance R. Koven <vrkoven[_at_]world.std.com> wrote:
>
> So the next question is, isn't someone engaged in a protection
> racket, if not vulnerable to criminal prosecution by state or
> federal authorities (for political reasons), at the very least
> vulnerable to a civil RICO action?

I don't think that this particular "racket" probably meets the statutory requirements for RICO -- that would require a pattern of criminal violations, and overreaching on copyright claims is probably not a criminal violation. At least, my sense is that if the content owner files suit regarding what turns out to be a fair use, the claims would pass the Rule 11 standard.

OTOH, one *might* wonder if repeated overreaching on copyright claims is copyright misuse . . .

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Dan L. Burk
Seton Hall University
burkdanl[_at_]shu.edu

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Received on Tue Jun 30 1998 - 13:47:17 GMT