geni wrote:
On 02/03/2008, Ray Saintonge saintonge@telus.net wrote:
When no one understands what some law is saying it's not a particularly useful law.
It is contract law thus very useful. The problem is that we are dealing with the type of case that would not be important enough to end up in court thus no caselaw.
Precisely. Many of these copyvio situations involve something not important enough for anybody to take to court. There are, therefore, no cases to help us decide the matter. Many of the things that are clearly infringements on a de jure basis are unlikely to be de facto infringements. There is simply nobody there to claim ownership of the rights. Or an obsolete textbook has no market to protect. Perhaps this is why it's so important that a person who wants to issue a take down order must have standing.
Ec