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  • From: Mario Pena <mpena AT safecreative.org>
  • To: Mike Linksvayer <ml AT creativecommons.org>
  • Cc: oscri AT lists.ibiblio.org
  • Subject: Re: [Oscri] Anybody won a court dispute thanks to a registry?
  • Date: Tue, 2 Feb 2010 15:02:16 +0100

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

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--
Mario Pena (Community and Business Manager)
mpena AT safecreative.org
http://www.safecreative.org
http://www.linkedin.com/in/mariopenahttp://twitter.com/safecreative

Tel: (+34) 606 974 812

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--
Javier Prenafeta
Asesor Legal / Legal Advisor
Safe Creative
jprenafeta AT safecreative.org
www.safecreative.org

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_______________________________________________
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OSCRI AT lists.ibiblio.org
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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

_______________________________________________
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



--
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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