[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
Re: SFLC's GPL court enforcement -- "A telling admission" by AaronWilli
From: |
Alexander Terekhov |
Subject: |
Re: SFLC's GPL court enforcement -- "A telling admission" by AaronWilliamson (AW1337) |
Date: |
Thu, 24 Jul 2008 18:06:26 +0200 |
Hyman Rosen wrote:
>
> Alexander Terekhov wrote:
> > http://williampatry.blogspot.com/2007/01/section-411a-bites-plaintiff-twice.html
>
> "An opinion issued ... shows some courts may take
> the requirement too seriously.
I think that awarding attorneys fees against plaintiff and forcing
plaintiff pay another case filing fee (IF and when plaintiff receives a
registration or a rejection thereof and decides to go to court once
again) is the right remedy. For a pro se plaintiff. Attorney sanctions
for a non-pro litigants sounds quite reasonable to me. Don't you agree,
Hyman?
http://www.techlawjournal.com/courts/lds/19991112mem.htm
-------
Registration of copyright in the work that is allegedly infringed is a
jurisdictional requirement. 17 U.S.C. § 411. Techniques, Inc. v. Rohn,
592 F.Supp. 1195, 1197; 225 U.S.P.Q. 741 (S.D.N.Y. 1984)("Pursuant to 17
U.S.C. § 411(a) as well as its predecessor, § 13, it has been held
repeatedly that ownership of a copyright registration is a
jurisidictional prerequisite to an action for infringement. . . . A
complaint which fails to plead compliance with § 411(a) is defective and
subject to dismissal."); Grundberg v. The Upjohn Company, 137 F.R.D.
372, 382; 19 U.S.P.Q. 1590 (D. Ut. 1991). Lacking even an allegation of
registration of copyright ... this Court is without subject matter
jurisdiction.
-------
http://www.copyright.gov/fedreg/2001/66fr19094.html
-------
SUPPLEMENTARY INFORMATION: Under title 17, United States Code, the
copyright law allows a copyright owner to sue for infringement of
exclusive rights provided under 17 U.S.C. 106, as long as the work(s)
at issue have been registered with the Copyright Office. In addition,
under section 411(a), a registration applicant whose application for
registration has been refused by the Office may institute an
infringement action under certain circumstances. It states:
Except for an action brought for a violation of the rights of
the author under section 106A(a), and subject to the provisions of
subsection (b), no action for infringement of the copyright in any
United States work shall be instituted until registration of the
copyright claim has been made in accordance with this title. In any
case, however, where the deposit, application, and fee required for
registration have been delivered to the Copyright Office in proper
form and registration has been refused, the applicant is entitled to
institute an action for infringement if notice thereof, with a copy
of the complaint, is served on the Register of Copyrights. The
Register may, at his or her option, become a party to the action
with respect to the issue of registrability of the copyright claim
by entering an appearance within sixty days after such service, but
the Register's failure to become a party shall not deprive the court
of jurisdiction to determine that case.
17 U.S.C. 411(a).
The purpose of the statutory provision is to enable the Register to
become a party to an action, if he or she chooses, with respect to the
issue of registrability of the copyright claim, and, thereby explain
the Office's rejection of an application or clarify the Office's
registration practices and procedures. The Register has sixty days
after service of complaint to intervene in the case.
-------
regards,
alexander.
--
http://gng.z505.com/index.htm
(GNG is a derecursive recursive derecursion which pwns GNU since it can
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards
too, whereas GNU cannot.)
- Re: SFLC's GPL court enforcement -- "A telling admission" by Aaron Williamson (AW1337), (continued)
- Re: SFLC's GPL court enforcement -- "A telling admission" by Aaron Williamson (AW1337), Alfred M. Szmidt, 2008/07/23
- Message not available
- Re: SFLC's GPL court enforcement -- "A telling admission" by Aaron Williamson (AW1337), rjack, 2008/07/23
- Re: SFLC's GPL court enforcement -- "A telling admission" by Aaron Williamson (AW1337), Hyman Rosen, 2008/07/23
- Re: SFLC's GPL court enforcement -- "A telling admission" by AaronWilliamson (AW1337), Alexander Terekhov, 2008/07/23
- Re: SFLC's GPL court enforcement -- "A telling admission" by AaronWilliamson (AW1337), Hyman Rosen, 2008/07/23
- Re: SFLC's GPL court enforcement -- "A telling admission" by AaronWilliamson(AW1337), Alexander Terekhov, 2008/07/23
- Re: SFLC's GPL court enforcement -- "A telling admission" by AaronWilliamson(AW1337), Hyman Rosen, 2008/07/23
- Re: SFLC's GPL court enforcement -- "A telling admission" by AaronWilliamson(AW1337), John Hasler, 2008/07/23
- Re: SFLC's GPL court enforcement -- "A telling admission" by Aaron Williamson (AW1337), Alexander Terekhov, 2008/07/24
- Re: SFLC's GPL court enforcement -- "A telling admission" by Aaron Williamson (AW1337), Hyman Rosen, 2008/07/24
- Re: SFLC's GPL court enforcement -- "A telling admission" by AaronWilliamson (AW1337),
Alexander Terekhov <=
- Re: SFLC's GPL court enforcement -- "A telling admission" by AaronWilliamson (AW1337), Hyman Rosen, 2008/07/24
- Re: SFLC's GPL court enforcement -- "A telling admission" by Aaron Williamson(AW1337), Alexander Terekhov, 2008/07/24
- Re: SFLC's GPL court enforcement -- "A telling admission" by Aaron Williamson(AW1337), Hyman Rosen, 2008/07/24
- Re: SFLC's GPL court enforcement -- track record, Hyman Rosen, 2008/07/22
- Re: SFLC's GPL court enforcement -- track record, Alexander Terekhov, 2008/07/22
- Re: SFLC's GPL court enforcement -- track record, Alexander Terekhov, 2008/07/23
- Re: SFLC's GPL court enforcement -- track record, Hyman Rosen, 2008/07/23
- Re: SFLC's GPL court enforcement -- track record, rjack, 2008/07/23
- Re: SFLC's GPL court enforcement -- track record, Hyman Rosen, 2008/07/23
- Re: SFLC's GPL court enforcement -- track record, David Kastrup, 2008/07/23