(2) BAD FAITH CONDUCT.—Notwithstanding any other provision of law, in any proceeding in which a determination is rendered and—‘(A) it is established that a party pursued a claim, counterclaim or defense for a harassing or other improper purpose, or without reasonable basis in law or fact; or (B) the claimant’s claim is dismissed for failure to prosecute pursuant to subsection (u)(2), unless inconsistent with the interests of justice, the Copyright Claims Board shall in such determination award reasonable attorneys’ fees and costs to any adversely affected party or parties in a total amount not to exceed $5,000; Provided, however, That if an adversely affected party appeared pro se in the proceeding, the award to that party shall be of costs only and no more than $2,500.
While you have maximum risk of $15,000, a troll can proceed blatantly in bad faith and have maximum risk of $5,000 for your costs and attorney's fees. If you don't have an attorney, maximum risk: $2,500.
I wasn't referring to unwillingness as much as to inability, real or imagined. We could throw in ignorance for good measure: if you don't know you need to learn, it doesn't matter whether you are willing or able.
Modernizing the online copyright search database at http://cocatalog.loc.gov so that you can run a search and actually view the work covered by the registration rather than just get back a technically correct but useless textual description?
See, e.g. Copyright Reg. No. VA0000209067, a "unique reinterpretation of negative into printed enlargement" titled "Barn, Cape Cod, Massachusetts" by Ansel Adams. Nice description. But what does it look like?
I was an employee of the US federal government when this work was conducted and prepared for publication; therefore, it is not protected by the Copyright Act, and copyright ownership cannot be transferred.
But is it "copyfraud" to put a copyright notice on the document? Two things to consider: first, there is no indication that Obama drafted the summary on the first page, which would be a derivative work entitled to a copyright. Second, there is an even thinner copyright to be claimed in the layout, headings, and page numbering of the document.
So, could redistribution of only the text authored by Obama create liability? No. Could redistribution of the document exactly as prepared by JAMA create liability? Maybe. Will JAMA attempt to enforce? Not likely. Is it ridiculous that copyright law is this complicated? Yes.
So TechDirt grabs eyeballs by writing about the media grabbing eyeballs by repeating stories from hoax websites writing about Nintendo grabbing eyeballs with its latest game. And we write comments for the Lula and Light bulbs. And on it goes …
This effort to expand the FBI's surveillance powers should be a non-starter and it's depressing that so many Senators are willing to grant the FBI near total freedom to spy on our electronic records without a warrant.
If the FBI were asking to have warrantless permission to search your house, looking through your documents, books, magazines, and newspapers, none of these Senators would approve. But since we're just talking about records "on a computer"—and on a server located in some data center at that—sure, go ahead. Why?
Best explanation: the average age of a U.S. Senator is about 63 years old. Except for those like Ron Wyden, old dogs are not willing to learn new tricks. Until Congress is comprised almost entirely of "digital natives" (or near-digital natives like Martin Heinrich), the FBI can fool them every time with the magic words "on a computer".
While not dish-ceptive or dish-onest, the lawsuit (as well as the ads that prompted it) is dishtasteful and dishappointing, not to mention dishruptive and dishtructive. Maybe they will dish-ide to dishtance themselves from this dish-cision and dishmiss the case with prejudish.
Apparently there is a contest to see how many tenets of Google's Code of Conduct can be broken in a single act.
It would appear that they knocked out "integrity", "usefulness", and "freedom of expression" straight away. If no Google employee does anything about this, they will have knocked out "responsiveness" and "take action" as well. That only leaves "privacy" and "security". Just wait till we get reports of email accounts and other non-public material being deleted.
The amendments would not authorize the government to undertake any search or seizure or use any remote search technique, whether inside or outside the United States, that is not already permitted under current law.
If this statement were true, the amendments would not be needed. That they are trying to change the rule proves the statement is false.
[T]he FBI utilizes surveillance cameras only in furtherance of an authorized investigation of a particular subject(s).
Calling your investigation "authorized" when you don't have a warrant is like awarding yourself a medal instead of being given one. It might look shiny, but it means nothing.
On the post: Bill Introduced To Create Copyright Small Claims Court... Which Copyright Trolls Are Going To Love
Not Even a Slap on the Wrist
On the post: Why Is The UK's Intellectual Property Office Praising National Portrait Gallery's Copyfraud Claims Over Public Domain Images?
Pot, Meet Kettle
On the post: Senators Wyden And Heinrich Speak Out Against Expanding FBI's Ability To Warrantlessly Spy On Your Communications
Re: Re: Age of Technology
On the post: Good News: Carla Hayden Easily Approved As The New Librarian Of Congress
A Good Place to Start for the New Librarian
See, e.g. Copyright Reg. No. VA0000209067, a "unique reinterpretation of negative into printed enlargement" titled "Barn, Cape Cod, Massachusetts" by Ansel Adams. Nice description. But what does it look like?
On the post: American Medical Association Claims False Copyright Over President Obama's Journal Article
A Different Perspective
But is it "copyfraud" to put a copyright notice on the document? Two things to consider: first, there is no indication that Obama drafted the summary on the first page, which would be a derivative work entitled to a copyright. Second, there is an even thinner copyright to be claimed in the layout, headings, and page numbering of the document.
So, could redistribution of only the text authored by Obama create liability? No. Could redistribution of the document exactly as prepared by JAMA create liability? Maybe. Will JAMA attempt to enforce? Not likely. Is it ridiculous that copyright law is this complicated? Yes.
On the post: Judge Upholds UPS Employee/Paid Informant's Search Of An Intercepted Package
Just to be safe
On the post: Pokemon Go Hysteria Again Highlights How Media Is Happy To Be Gullible And Wrong -- If It Means More Ad Eyeballs
Re: Circle of (Virtual) Life
On the post: Pokemon Go Hysteria Again Highlights How Media Is Happy To Be Gullible And Wrong -- If It Means More Ad Eyeballs
Circle of (Virtual) Life
On the post: Senators Wyden And Heinrich Speak Out Against Expanding FBI's Ability To Warrantlessly Spy On Your Communications
Age of Technology
Best explanation: the average age of a U.S. Senator is about 63 years old. Except for those like Ron Wyden, old dogs are not willing to learn new tricks. Until Congress is comprised almost entirely of "digital natives" (or near-digital natives like Martin Heinrich), the FBI can fool them every time with the magic words "on a computer".
On the post: Two YouTubers About To Learn That Trust Is A Valuable Commodity That You Can Only Lose Once
¯\_(ツ)_/¯
On the post: Dish Sues Tribune Because It Called The Company 'Dishgusting'
Dish It Up
On the post: Senate Funding Bill For State Dept. Asks It To Figure Out Ways To Stop Bad People From Using Tor
Re: Re:
On the post: Chatbot Helps Drivers Appeal Over $4 Million In Bogus Parking Tickets
Re: Type O
http://thedoghousediaries.com/302
On the post: This Will Backfire: Google/Facebook Using Copyright Tools To Remove 'Extremist' Content
Re:
On the post: This Will Backfire: Google/Facebook Using Copyright Tools To Remove 'Extremist' Content
Code of Conduct
It would appear that they knocked out "integrity", "usefulness", and "freedom of expression" straight away. If no Google employee does anything about this, they will have knocked out "responsiveness" and "take action" as well. That only leaves "privacy" and "security". Just wait till we get reports of email accounts and other non-public material being deleted.
This just might work...
On the post: General Mills Granted A Design Patent On A Tortilla Bowl Because Why Even Pretend Anymore?
How many General Mills employees does it take to invent the tortilla bowl?
On the post: DOJ Insists That Rule 41 Change Is Not Important, Nothing To See Here, Move On Annoying Privacy Activist People
Well in that case…
On the post: Vice Media Settles With Indie Band ViceVersa, Showing That Trademark Bullying Totally Works
Vice versus ViceVersa
On the post: Citigroup Sues AT&T For Saying 'Thanks' To Customers
Page 16
On the post: FBI Sues To Block Disclosure Of Surveillance Cameras Locations Because It Would Violate The Privacy Of Those Surveilled
That Word...
Next >>