3 ms·
>The idea that a music company could sue someone over a copyright claim You can sue for anything. "Its just a car driving by" would usually be a pretty solid
by basch 7y ago
>The idea that a music company could sue someone over a copyright claim
You can sue for anything. "Its just a car driving by" would usually be a pretty solid defense that youre in the right, both in that its not substantial and doesnt hurt the original work.
- derefr 7y agoPerhaps we need some sort of "cry wolf" doctrine, where you can sue an entity for "suing people too often for spurious reasons" and, if proven (e.g. if 99% of their proposed suits would have been thrown out of court if they had gone to trial), remove their ability to sue others.
- i_cant_speel 7y agoThat would be very impractical in the real world. How would you prove that 99% of the suits would be thrown out without having 100 trials?
- derefr 7y agoI meant "thrown out in preliminary hearing." You can work through 100 preliminary hearings (especially when it's essentially the same suit, just with different subjects) pretty quickly, especially if you parallelize it across a bunch of the judge's analysts.
- teraflop 7y agoSounds like you're referring to something along the lines of anti-SLAPP laws: https://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation https://en.wikipedia.org/wiki/Strategic_lawsuit_against_publ... There's also the notion of a "vexatious litigant": https://en.wikipedia.org/wiki/Vexatious_litigation https://en.wikipedia.org/wiki/Vexatious_litigation
- derefr 7y agoInteresting. It doesn't seem like the concept of vexatious litigation has been applied to corporations. I wonder why not?
- koboll 7y ago"could win a suit" on those grounds is a more precise way of phrasing what I meant.