[Oscri] Anybody won a court dispute thanks to a registry?
Mario Pena
mpena at safecreative.org
Mon Feb 8 04:24:45 EST 2010
Hi all,
You might find this interesting at least:
http://en.safecreative.net/2010/02/08/testimony-of-practical-use-to-register-on-safe-creative/
Best regards,
Mario
On Tue, Feb 2, 2010 at 3:02 PM, Mario Pena <mpena at safecreative.org> wrote:
> 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
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.ibiblio.org/pipermail/oscri/attachments/20100208/a255a0ef/attachment.html
More information about the OSCRI
mailing list