2019-02-17 - Roy Philipose: "DMCA TAKEDOWN" -

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️ronic

True & Honest Fan
kiwifarms.net
From February 7th:

I suspect it's a remote possibility but if he tries anything I would love to see how he comes up for damages based on his free blog that isn't a registered copyright. That's without even taking fair use into consideration.
TBH when I saw this thread, I thought it was because of my book club. Strange that he went after the blog posts instead.
 
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gREEEEEEEEEr

kiwifarms.net
All of your own material is copyrighted by default. Actually going through the proper registration procedures is just one extra layer that establishes beyond any doubt that it is your copyright. As far as I know it's the same with trademarks and patents although a judge may be a lot more incisive if a company fails to register any of those as well. I'm not a lawyer but I'm fairly confident this is how things work.

If I write a book and you sell my unregistered book, I still have every right to sue you under copyright law.
No... you can only sue after you register the copyright, and if you wait until after someone's infringed before you register it, you can't sue them for statutory damages or attorney's fees. You can sue them for actual damages - that's it.

So, first you'd have to pay to register the work. Then, you'd have to pay for the lawsuit, all out of your own pocket. And then, if you won, other than the court telling them to stop infringing, all you'd get is the actual damages that you could prove that their infringement caused. The court wouldn't "teach them a lesson" by ordering them to pay you lots of money, and it wouldn't order them to pay your attorney's fees.

The only exception is if the work is still less than 3 months old. Then, you can register it and you get full protection.

Also, if the work is more than 5 years old, just registering a copyright isn't considered proof that you created it, so you'll also have to be able to supply evidence that you did.
 

Kenya Jones

Hard-R Gamer
kiwifarms.net
"I have never been crazy in my entire life, but I have some rank, fuck amateurs who showcase me as some fruit cake."


This guy wants to take shit down from here, what a fruit cake move.
 
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Clem Fandango

Can you hear me?
kiwifarms.net
All of your own material is copyrighted by default. Actually going through the proper registration procedures is just one extra layer that establishes beyond any doubt that it is your copyright. As far as I know it's the same with trademarks and patents although a judge may be a lot more incisive if a company fails to register any of those as well. I'm not a lawyer but I'm fairly confident this is how things work.
No, you're right that copyright subsists automatically but patents and trademarks must be applied for and granted before you can sue someone for infringement.
 
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