3 ms·
What if a good actor who owned an infringed melody sued them with the intention of losing to set a good precedent?
by wpasc 7y ago
What if a good actor who owned an infringed melody sued them with the intention of losing to set a good precedent?
- deleted 7y ago[deleted]
- vidarh 7y agoCourts and bar associations tends to take a dim view of manufactured disagreements, so they'd better make sure to be good at just seeming incompetent. But it's also not likely to be very effective unless you manage to trick a judge into issuing an overly broad judgement and manage to get it upheld on appeal. The legally sanctioned version would be to seek a declarative judgement.
- bluGill 7y agoSee vidarh's very good post which I won't repeat. A court trail is not much a precedent. The judge can decide to not allow you to mention it. Even if a sympathetic judge (meaning faking neutral but really biased) does allow it, it will be with instructions that allow the next jury to ignore it. To get a precedent you need to go to court. Then you need to appeal, and a court needs to agree to hear/rule on the appeal. Here you have a problem though: even if you conspire to lose, someone else can file an "Amicus brief" https://legal-dictionary.thefreedictionary.com/Amicus+brief https://legal-dictionary.thefreedictionary.com/Amicus+brief and make a compelling argument that you overlooked. A first round appeal may not get this, but by the time it get to the supreme court (probably not even you - it generally takes dozens of different cases before it gets that far) there will be a lot of interest and your attempt to lose can still win because those who want to win can pour enough into their briefs.