Re: Copyright & The New World Economic Order

On Tue, 13 Jul 1999, Nick Zales <zales[_at_]execpc.com> wrote:
>
> I find IP law is dominated by large firms and for the average
> person in the U.S. copyright law provides only illusory protection at
> best. Not many can afford the $250,000 the typical IP lawsuit costs.
> Copyright law is about as "anti-average person" as it can be. Far from
> keeping lawyers employed, copyright law makes a few lawyers rich and
> leaves the mass of the public wholly unprotected.

Agreed that litigation is expensive. The price quoted above is, however, way too high to describe the costs of "the typical IP lawsuit." Much depends, of course, on the facts and nature of the lawsuit and the location in which it is brought. AIPLA financial studies show a remarkable range of costs for soup to nuts lawsuits based on these factors.

While IP lawsuits often involve complex litigation issues, not all do. Many "IP lawsuits" cost about the same as other commercial litigation.

My point is not so much to gainsay the preceding statement as to note that this proposition, to the extent it is true, is quite true of *ALL* forms of legal relief in America today. Indeed, Copyright, with its liberal award of attorney fees to a prevailing plaintiff (and the possibility of virtually assuring attorney fees when prevailing through the use of a demand for judgment), provides the most accessible type of relief available, where a plaintiff seeking relief has more than a fair chance in a clear case of obtaining an award of fees. Further, the tactical advantage of obtaining preliminary relief where available has a way of bringing the largest company to the table for a quick settlement.

In short, litigation of ANY KIND is a blunt instrument that is not generally available to the little guy -- but IP litigation is most certainly not the exclusive province of a few large firms, and IP law provides some unique opportunities for the little guy that are not found in other forms of commercial litigation. Many small boutiques here in the Southeast do quite well. In an appropriate case, the plaintiff's advantages under Copyright law can often be a great equalizer -- even when David who is represented by a sole practitioner, sues a Goliath who is represented by Cravath.

Andrew C. Greenberg
<werdna[_at_]gate.net> Received on Thu Jul 15 1999 - 12:21:34 GMT