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