[Foundation-l] About that "sue and be damned" to the National Portrait Gallery ...

Ray Saintonge saintonge at telus.net
Sat Jul 11 04:08:37 UTC 2009


Thomas Dalton wrote:
> The UK Intellectual Property Office (http://www.ipo.gov.uk) says:
>
> ...
>
> That's the relevant bit of law. Is the intellectual input and
> investment of resources involved in taking such a photograph
> "substantial"?
>   
Anyone who's been around here for any amount of time is familiar with 
the substantive arguments, but until an actual suit is filed they have 
yet to present the substance of their case. In the absence of such a 
presentation we are only speculating about what they might do.

It is a big advantage for a putative defendant to let the plaintiff do 
all the work, and then poke at an overlooked weak spot in the attack.

Ec



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