[WikiEN-l] More fair use image overreaching

geni geniice at gmail.com
Mon Mar 3 18:26:43 UTC 2008


On 03/03/2008, WJhonson at aol.com <WJhonson at aol.com> wrote:
> Just to address the "lawyers are not required to send a 'takedown'  notice"
>
>  By this I assume BC means a "cease and desist".  I believe this is de  facto
>  false.  While it is true a lawyer could file a suit for anything, any  case
>  being brought, without having made any preliminary action to correct the  issue,
>  would be, imho, thrown out of court.
>
>  The first thing a judge looks at is, "have you attempted to correct this  out
>  of court" ?  That is did you make any attempt to settle this without  wasting
>  the court's time ?

Unfortunately they can demand money as part of their attempt to settle
out of court.  A few hundred dollars is not unusual (see people
moaning about picscout). A few hundred per pics so say about a million
for 2K images. Of course that is rather less than you risk ending up
paying if you take is to court.


-- 
geni



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