[Foundation-l] Fair Use (again)

[Jeff V. Merkey]

The Cunctator wrote:

>On 1/28/07, Jeffrey V. Merkey <jmerkey at wolfmountaingroup.com> wrote:
>  
>
>>All it takes is one lawsuit from someone who is upset at the images
>>being used, and the money from
>>the last fund drive could get used up in legal fees pretty durn fast. If
>>someone object to images
>>being used, then TAKE THEM OFF THE SITE, Fair use argments are not. I
>>recall my interactions
>>on en.wikipedia with people using copyrighted materials and some of the
>>debates I had there.
>>
>>Bottom line, these anonymus editors are not the people who will get
>>nailed. The foundation will
>>be the ones who get served and Brad will have to hire a law firm to
>>defend the Foundation. It's
>>pretty simple -- if someone who owns th images does not want them used,
>>then do not use them.
>>
>>There are a lot more torts than just copyright infringement they could
>>pull out of the bag and use. They could claim
>>unfari competition, tortious interference, and a whole host of other
>>torts they may win with. It's cheaper, easier,
>>and honorable to simply take down the images and tell the offended party
>>it is being done as a courtesty. This makes
>>it appear the foundation is acting in good faith.
>>    
>>
>
>This argument is pure copyright paranoia. What I mean by that is that
>Jeffrey is asserting as fact a hypothetical scenario ("The foundation
>will be the ones who get served and Brad will have to hire a law firm
>to defend the Foundation.") That's possible, but certainly not
>guaranteed.
>  
>

Yeah? How many of you have actually had to stand in front of a judge 
with millions of dollars of **YOUR**
money on the line. I have stood there more times than I care to mention, 
and in most cases not by my own choice.
Judges will not listen to whining exusces and weak arguments, and you 
don't get to argue over and over again
after they rule -- you have to pay. The real shocker is when the judge 
orders you to pay
the other sides legal fees. What if they hire Coudert Brothers from new 
York to defend them who charges $500.00/hour
and they rack up 350,000.00 in fees just to send a dozen letters and 
file a complaint and you get ordered to pay it.

Cheaper to take down the content.

Jeff

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