geni wrote:
On 02/03/2008, Ray Saintonge
<saintonge(a)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