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Honest question: If I own the copyright to a webpage (say my personal blog) and Comcast modifies my page to insert this "helpful" warning message, is it likely
by Youden 7y ago
Honest question: If I own the copyright to a webpage (say my personal blog) and Comcast modifies my page to insert this "helpful" warning message, is it likely I'd have a case to sue them for creating an unauthorized derivative work of my content?
- grepsedawk 7y agoI was wondering about this too. Honestly just https and at least you're gtg.
- na85 7y agoIANAL but I think you have to demonstrate harm.
- tathougies 7y agoSlower pages are clearly linked to lost revenue (even a few milliseconds has been shown to affect conversion rates). This would be an easy case, I think.
- pdkl95 7y agoRegarding actual damages, popups about data limits that appear to come from my page can easily damage my reputation or give the false impression that I have so9me kind of relationship with Comcast. Since they are making a new derivative work without the authorization of the copyright holder, they are probably guilty of copyright infringement. The remedy for that could include statutory damages for each work they infringed of "a sum of not less than $750 or more than $30,000 as the court considers just"[1]. However, since the infringement was patently willful (they published an RFC explaining their intentions and methods), "the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000."[2] [1] https://www.law.cornell.edu/uscode/text/17/504#c_1 https://www.law.cornell.edu/uscode/text/17/504#c_1 [2] https://www.law.cornell.edu/uscode/text/17/504#c_2 https://www.law.cornell.edu/uscode/text/17/504#c_2
- evantahler 7y agoTake a screen shot of the banner covering up a contact form or subscribe button, and you may have damages!
- grecy 7y agoSome days I wish I was a Software Engineer AND a lawyer just so I could try out stuff like this in court to see what happens.