Re: Microsoft and TomTom settle

[Alexander Terekhov]

"Phil Da Lick!" wrote:
[...]
> > "In our 'Professional' opinion"? This from "Professionals" who filed
> > five consecutive copyright infringement cases for clients who had no
> > registered copyrights. ROFL
> 
> Copyright doesn't need to be registered.

See "prerequisite for U.S. authors seeking to initiate a suit for
copyright infringement in federal district court" below.

http://www.copyright.gov/help/faq/faq-infringement.html

"What Do I Do If My Copyright Has Been Infringed?

Serving primarily as an office of record, the Copyright Office is not
charged with enforcing the law it administers. Copyright infringement is
generally a civil matter, which the copyright owner must pursue in
federal court. Under certain circumstances, the infringement may also
constitute a criminal misdemeanor or felony, which would be prosecuted
by the U.S. Department of Justice. 

If you believe that your copyright has been infringed and you anticipate
a legal dispute, if you have not yet done so, it is advisable that a
registration be made as soon as possible in order to secure the
opportunity for valuable remedies and litigation advantages available
for timely registration under the Copyright Act. If a work is registered
prior to infringement or within three months of publication, statutory
damages will be available as an option for monetary relief, and the
recovery for attorney’s fees may be available. In addition, a
registration made before or within five years of publication of the work
provides a presumption of the validity of the copyright and the facts
stated within the registration certificate. A certificate of
registration (or a rejection of an application for copyright) is a
prerequisite for U.S. authors seeking to initiate a suit for copyright
infringement in federal district court. See Circular 1 Copyright Basics,
and sections 410, 411, and 412 of the copyright law.

Please be advised that there is no provision in the copyright law or the
practices of the Copyright Office regarding any type of protection known
as the “poor man's copyright.” The mere act of placing a copy in the
mail addressed to oneself does not secure statutory copyright protection
for the work, nor will it serve as a substitute for registration of a
claim to copyright in this Office in terms of legal and evidentiary
value. "

regards,
alexander.

--
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