[Oscri] Anybody won a court dispute thanks to a registry?

Mike Linksvayer ml at creativecommons.org
Tue Dec 22 14:25:52 EST 2009


Sounds right to me.

On Fri, Dec 18, 2009 at 12:29 AM, Mario Pena <mpena at safecreative.org> wrote:

> Hi Mike,
>
> Yes, we'll try to figure out how to perform such research next year. Maybe
> we can come out with some ideas together.
>
> Also want to point a question that has arised in a forum about the legal
> standing of private registries. In the US to claim statutary damages and
> attorney's fees you need to use the Copyright Office.
>
> We believe that one key point to explain here is that registration on
> private registries and using semantic technlogies for automated work search
> in the Internet, might bring information of where infringments occur and
> thus beeing able to first register at the CO and then start to sue somebody
> (if that's their will) and on the other hand plagiarists find less inviting
> to plagiarize as might realize they can be caught because works are
> registered somewhere using this technologies (of course including RDFa,
> etc).
>
> What do you thing about this?
>
>
> On Mon, Dec 14, 2009 at 6:17 PM, Mike Linksvayer <ml at creativecommons.org>wrote:
>
>> "also have to be considered as a tool for avoiding any dispute"
>>
>> Indeed. And as a tool for increasing certainty and thus encouraging use.
>> On that note would be interesting to see research on whether privately
>> registered works get used more than works not privately registered.
>>
>> Mike
>>
>>
>>
>> On Mon, Dec 14, 2009 at 9:03 AM, Javier Prenafeta <
>> jprenafeta at safecreative.org> wrote:
>>
>>>
>>> Hi,
>>>
>>> As Mario noticed, we haven't got any dispute on private registrations
>>> and, as far as I know, in Spain there have been only a few cases regarding
>>> Creative Commons Licenses, basically against collecting societies destroying
>>> the legal presumption of using their music by pubs.
>>>
>>> Anyway, no cases can reflect the deterrent effect of private registries,
>>> as not also the registry informs the authorship and works' rights, but also
>>> have to be considered as a tool for avoiding any dispute.
>>>
>>> Regards,
>>>
>>>
>>>
>>>
>>> 2009/12/11 Mario Pena <mpena at safecreative.org>
>>>
>>> Hi Roland and rest of friends,
>>>>
>>>> I'm on a trip right now and have little Internet connection, but as far
>>>> as I know we don't have any information regards private online registrations
>>>> being used on court. We have been contacted by several users from Safe
>>>> Creative telling us they were about to go to court because some plagiarisms.
>>>> We haven't had any news since but asked them to keep us updated so if we get
>>>> any information will give you feedback.
>>>>
>>>> Right now we have around 180.000 registrations so don't think it will
>>>> take much time until a case might start.
>>>>
>>>> IANAL so I don't know how a test case could work. Maybe you can state a
>>>> proposal and we can give some thoughts upon it...
>>>>
>>>> Sounds like a good idea but really don't know if it's something we
>>>> really could do.
>>>>
>>>> BTW, hope you all have a happy new year!
>>>>
>>>> Bests,
>>>>
>>>> Mario
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> On Thu, Dec 10, 2009 at 8:51 PM, Roland Alton-Scheidl <
>>>> ras at osalliance.com> wrote:
>>>>
>>>>>
>>>>> Hi,
>>>>>
>>>>> who is aware of a court dispute, where the registration of a work
>>>>> helped
>>>>> arguing for the right holder? Is there any such case, where the work
>>>>> was
>>>>> Creative Commons licensed?
>>>>>
>>>>> Registered Commons has not supported any court case so far. That's good
>>>>> for
>>>>> the right holders, as the idea of our registry was always to foster
>>>>> regardfulness and not to fund lawyers.
>>>>>
>>>>> However, some people who plan to integrate a registry into their
>>>>> service
>>>>> portfolio would like to see it shock-proofed. We were already thinking
>>>>> to
>>>>> launch a test case at court, but this is a major effort and may take
>>>>> years.
>>>>>
>>>>> Best,
>>>>> Roland
>>>>>
>>>>> --
>>>>> Roland Alton-Scheidl, Member of the Board
>>>>> www.osAlliance.com www.RegisteredCommons.org
>>>>> ras at osAlliance.com
>>>>> T + 43 5080 20620, M +43 664 1547588
>>>>> Internationaler Medienverbund reg.Gen.m.b.H.
>>>>> Marktstrasse 4  A-6850 Dornbirn FN 218498x HG Wien
>>>>>
>>>>> _______________________________________________
>>>>> OSCRI mailing list
>>>>> OSCRI at lists.ibiblio.org
>>>>> http://lists.ibiblio.org/mailman/listinfo/oscri
>>>>>
>>>>
>>>>
>>>>
>>>> --
>>>> Mario Pena (Community and Business Manager)
>>>> mpena at safecreative.org
>>>> http://www.safecreative.org
>>>> http://www.linkedin.com/in/mariopena
>>>>
>>>> http://www.facebook.com/marioantoniopena
>>>> http://twitter.com/safecreative
>>>>
>>>> Tel: (+34) 606 974 812
>>>>
>>>> _______________________________________________
>>>> OSCRI mailing list
>>>> OSCRI at lists.ibiblio.org
>>>> http://lists.ibiblio.org/mailman/listinfo/oscri
>>>>
>>>>
>>>
>>>
>>> --
>>> Javier Prenafeta
>>> Asesor Legal / Legal Advisor
>>> Safe Creative
>>> jprenafeta at safecreative.org
>>> www.safecreative.org
>>>
>>> _______________________________________________
>>> OSCRI mailing list
>>> OSCRI at lists.ibiblio.org
>>> http://lists.ibiblio.org/mailman/listinfo/oscri
>>>
>>>
>>
>>
>> --
>> http://support.creativecommons.org help us
>> build http://creativecommons.org/asharedculture
>>
>> _______________________________________________
>> OSCRI mailing list
>> OSCRI at lists.ibiblio.org
>> http://lists.ibiblio.org/mailman/listinfo/oscri
>>
>>
>
>
> --
> Mario Pena (Community and Business Manager)
> mpena at safecreative.org
> http://www.safecreative.org
> http://www.linkedin.com/in/mariopena
> http://www.facebook.com/marioantoniopena
> http://twitter.com/safecreative
>
> Tel: (+34) 606 974 812
>
> _______________________________________________
> OSCRI mailing list
> OSCRI at lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/oscri
>
>


-- 
http://support.creativecommons.org help us
build http://creativecommons.org/asharedculture
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.ibiblio.org/pipermail/oscri/attachments/20091222/efb8f158/attachment.html 


More information about the OSCRI mailing list