[WikiEN-l] More fair use image overreaching
geni
geniice at gmail.com
Mon Mar 3 18:26:43 UTC 2008
On 03/03/2008, WJhonson at aol.com <WJhonson at aol.com> wrote:
> Just to address the "lawyers are not required to send a 'takedown' notice"
>
> By this I assume BC means a "cease and desist". I believe this is de facto
> false. While it is true a lawyer could file a suit for anything, any case
> being brought, without having made any preliminary action to correct the issue,
> would be, imho, thrown out of court.
>
> The first thing a judge looks at is, "have you attempted to correct this out
> of court" ? That is did you make any attempt to settle this without wasting
> the court's time ?
Unfortunately they can demand money as part of their attempt to settle
out of court. A few hundred dollars is not unusual (see people
moaning about picscout). A few hundred per pics so say about a million
for 2K images. Of course that is rather less than you risk ending up
paying if you take is to court.
--
geni
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