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I think at some point we have to say "enough is enough" and stop letting people game the system as a business model. The legal system is there for people to see
by ascendant 16y ago
I think at some point we have to say "enough is enough" and stop letting people game the system as a business model. The legal system is there for people to seek actual reparation for actual damages incurred. I think it should be taken on a case-by-case basis but clearly Righthaven haven't even gone through with due process by first sending cease-and-desist letters as noted by the judge. They're just passing Go and attempting to collect $200.
- monochromatic 16y agoThat's not what due process means. There's no law that says they have to give the defendant notice and opportunity to stop infringing before filing suit. If the system needs reform, then reform the system. But a judge shouldn't be prematurely taking sides against a litigant who's playing by the rules as they currently exist.
- CamperBob 16y agoThere's no law that says they have to give the defendant notice and opportunity to stop infringing before filing suit. Not technically, but as the article says, if the plaintiff takes no steps to mitigate the damages he's supposedly suffering, but goes straight for the defendant's wallet without asking for so much as a preliminary injunction, it's reasonable to suspect his motives.
- monochromatic 16y agoAnd that may affect what he eventually receives in damages. But the judge taking sides against him based on doing something that he's within his rights to do is inappropriate.
- ascendant 16y agoI guess then that delineates the difference between the letter of the law and the spirit of the law and what you value more.