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Old 01-22-2012, 04:59 PM  
kane
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Join Date: Aug 2001
Location: portland, OR
Posts: 20,684
Quote:
Originally Posted by crucifissio View Post
But if he is using your material without a license you don't even need a lawyer. It's ridiculously easy to prove that he does not have a payed for license to use your stuff. I just don't see how this could be more than 5 min in court. Either he has a contract that permits him use of your material or he does not. Super simple.
Again, in a perfect world you are 100% correct and in most cases that would be exactly the situation, but when it comes to pirate sites they tend to hide in the details and semantics of the laws so there is always a chance that they could some how pull off some kind of a fair use defense that worked. If it were an individual that you were suing for downloading your stuff there is always the chance that they could convince the court they were not guilty due to other circumstances like an unsecured network etc.

These scenarios are unlikely I would just hate to see a company sue a site/person for pirating their stuff, then lose on some kind of technicality and end up losing all of their copyrights because of it.
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