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.comReceived on Tue Apr 06 1999 - 13:04:48 GMT
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