Re: SFLC is SOL

[RJack]

Hyman Rosen wrote:
> On 4/13/2010 10:01 AM, RJack wrote:
> > 1) The SFLC is being tried in a federal district in the Second 
> > Circuit not in the CAFC: The JMRI case would be useful as toilet 
> > paper (and nothing more) in the Second Circuit.
>
> The reasoning of the CAFC is sound, and therefore other courts can be
>  expected to reach the same conclusions.
>
> > "... (a) concrete and particularized and (b) actual or imminent, 
> > not conjectural or hypothetical;..."
>
> 17 USC 504 
> <http://www4.law.cornell.edu/uscode/17/usc_sec_17_00000504----000-.html>
>  § 504. Remedies for infringement: Damages and profits (a) In 
> General.— Except as otherwise provided by this title, an infringer of
>  copyright is liable for either— (1) the copyright owner’s actual 
> damages and any additional profits of the infringer, as provided by 
> subsection (b); or (2) statutory damages, as provided by subsection 
> (c).

No Article III standing, no jurisdiction and no lawsuit. You must have
actual damages provable to receive Article III standing. ROFL.

Sincerely,
RJack :)