Re: Judge or Jury

From: Howard Knopf <hknopf[_at_]magmacom.com>
Date: Tue, 06 Apr 1999 09:01:34 -0400

On Fri, 02 Apr 1999, Nick Zales <zales[_at_]execpc.com> wrote:
>
> A copyright infringement action seeking damages can be tried to a judge
> or jury. What are people's experiences with trials to the court or a
> judge. Is one preferable over the other? I find copyright claims are
> so esoteric, and the law so subtle and bizarre, that a jury would seem
> incapable of fairly deciding the issues. On the other hand, trying a
> case to a Federal judge, who is neither knowledgeable nor interested in
> the hypertechnical aspect of such claims, does not seem too palatable
> either.
>
> Any suggestions?

The U.S. Supreme Court held last year that there is a RIGHT to a jury trial where statutory damages are sought under s. 504 of the Copyright Act. See Feltner v. Columbia No. 96-1768 (March 31, 1998) (U.S. Supreme Court).

-- 
Howard Knopf
Counsel, 
Shapiro, Cohen
Ottawa,  Canada
613-232-5300 (Office)
613-761-1735 (Home)
Fax: 613-563-9231
E-mail: 
hknopf[_at_]magma.ca 
hknopf[_at_]idealaw.com
Received on Tue Apr 06 1999 - 13:04:48 GMT

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