The Mudcat Café TM
Thread #14434   Message #124263
Posted By: M. Ted (inactive)
15-Oct-99 - 12:41 PM
Thread Name: No Joke: Mudcat Under Attack
Subject: RE: No Joke: Mudcat Under Attack
Matthew.

It isn't simply a matter of cut and paste--they can send anything that they want--the point is, for them to prevail, they have to prove all the points that I outlined--and then they have to prove willful misconduct--if you have ever tried to sue someone for a what seems to you like a grave injustice, you will know that there is an amazing distance between making a claim and making it stick--

Their lawyers cost four hundred dollars an hour, as well, and any lawyers that we get are likely to work pro bono--so it will cost them a lot more to proceed than it will for us to defend ourselves--

As I said, even if their claims are true (which they must prove) they must also prove that that that is a violation of the law(not necessarily easy for them)

They must also prove damages, which means that they have to show that Mudcat's offering of lyrics to songs causes a financial loss that their own distribution of lyrics or other distribution of lyrics does not--

There is another even more interesting vulnerability that they create--when they claim that Mudcat (or anyone) has violated their copyrights, it makes their ownership of the rights and issue--If they make false and erroneous claims concerning the rights to music and lyrics countersuits are possible, and whereas Muccat doen't have much money, they have very deep pockets--

It is only a matter of time until someone puts together a good legal challenge to them, a class action of some sort--whoever does stands a chance of prevailing for a very substantial amount of money--the reason that they have succeed in having copyrights restored to material that is in the public domain is simple--no one has made a serious challenge to their claims--

The laws do not enforce themselves--people need to demand that they be enforced--even murders, the most egregious of crimes, can go uninvestigated and unprosecuted until friends and families rise up in anger and demand justice--

Until someone stands up, the Harry Foz Agency and connected interests will get their way, whether it is legal or not--