simple solution

don't use the sopa takedown if the lawyer tells there is a chance you will lose.

If he says a guarantee there is no way you will lose, his malpractice will cover that loss.

get a court injunction (go thru due process protected court procedures first)
sue for actual damages
sue for statutory damages (and then get counter sued for 25k per person denied access)
dmca files one at a time (there by only losing the copyright on the individual files wrongfully claimed).

pick the acceptable risk/reward choice that makes sense for you given the predicted likelihood of losing the case.

I don't really see how the court could decide like this. What type of content are we talking about? If he steals a full movie of yours there is no way on earth the court will not see it your way. If its just one pic who cares?

Bottom line is: the offending site either has a permit to use your shit or you win in court

in a balanced world

this guy should have a right to claim statutory damages of 25k for every person who was denied access to his site (based on his average traffic from the previous year).

The US government should tax/fine the copyright holders who brought the bogus complaint against this site.


JH get her life fucked over forever for sharing 24 songs (when the only provable sharing is to someone who was authorized to download the content)
equal penalty is this guy getting his statutory damages payout too.

In a balanced world anyone accusing me of child porn to every visitor on my website would get their ass kicked and I would assume possession of their house, money, cars and wife. :2 cents:

The good thing is with this pirasite Kim Dotcom seized it's becoming common knowledge what he was making with a thieving organisation. A little bit of PR work and SOPA sails through, voters will soon change their minds when they see who we're up against.

In a balnced world people would know GG doesn't have a snowballs chance in hell of deciding what any penalties are. He could be posting pirates get tickled with a feather duster and the victims get hammered into the ground. For all the difference it makes.

He's a nobody.

In most cases you are correct, but you can never be 100% sure when it comes to the courts. People typically settle out of court for one of four reasons. Either they are guilty and they know it so it will be cheaper/safer/easier to settle be done with it; they don't want the publicity of a case so they settle quietly; The cost of fighting even if they are innocent is more than paying a settlement; they settle because you can never be exactly sure how the court will rule so you minimize your exposure to potential damages.

My point with this is that if a person did their job correctly and truly believed they were in the right, but still lost their case that shouldn't be considered a bogus claim.

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.

Funny shit Paul. hahahahaha That's gonna take you all of what? 10 seconds? wow LOL

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.

see this is the problem

your ignoring the fact that if the fair use was real (the "pirate" was right)

then all the people who paid you millions for your copyright actually had the right to get it for free.

Forget the fact that the thousands of copyrighted content that should have also been free.

The total damage to everyone involved exceeds what your copyright is worth by a 100 fold at least.

using the access shifting example we keep arguing about, the $3 per ticket (of every single movie ever played ) was the damage done, by ever movie distributor who fought against the fair use (assuming your i lose situtation).

The damage to the general public (fair use is for them) far exceeds the chump change the "pirate" makes. Their not protected by a monopoly power.

plans, I already have papers in on a new house. and am researching for opening a photography studio, with rooms also made for video.