[Oscri] Anybody won a court dispute thanks to a registry?
Mario Pena
mpena at safecreative.org
Tue Feb 2 09:02:16 EST 2010
Hi all, not about a legal dispute, but something relevant to this discussion
just happened a few days ago. Will publish the story shortly.
Cheers!
Mario
On Tue, Dec 22, 2009 at 8:25 PM, Mike Linksvayer <ml at creativecommons.org>wrote:
> 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
>>>>
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>>>>
>>>>
>>>
>>>
>>> --
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>>
>>
>> --
>> 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
>>
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>
>
> --
> http://support.creativecommons.org help us
> build http://creativecommons.org/asharedculture
>
--
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
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