While we should aggressively defend our rights, avoiding litigation is a wise policy. For one thing, particular judges don't necessarily follow the law that you think they will. Additionally although you may eventually get costs, you first must pay costs. I'm still not sure about the list of Britannica articles, but I am sure that our own method of generating endless article titles is probably more comprehensive than any list like that. I know that when I want to start a new article I don't look the topic up in Britannica first. So I think the list is probably worthless for our purposes anyway.
Fred
On Jun 28, 2005, at 3:38 AM, Ray Saintonge wrote:
This was not a matter of a countersuit. The copyright issue was already won by the defendants when they sought to recover costs. In Online Policy Group v. Diebold http://www.eff.org/legal/ ISP_liability/OPG_v_Diebold/20040930_Diebold_SJ_Order.pdf Diebold was ordered to pay costs because it had misused copyright. I don't think that a firm with big bucks at stake is going to be deterred by legal fees, or the threat of being required to pay the opponent's legal fees. Defendants' difficulties are not limited to copyright law. Any defendant faced with a contingency chasing lawyer is going to be at a disadvantage. A plaintiff and his contingency paid lawyer should be held jointly liable for a winning defendant's fees in the same amount as the lawyer would have received if he had won. :-)
Ec