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JonyBelGeul
Premium Member
join:2008-07-31

JonyBelGeul to Grappler

Premium Member

to Grappler

Re: Why we are not opposing motion on Monday.

I think it's not so far off-topic. It was prompted by the argument that Voltage needs to prove loss before they can be awarded statutory damage, and this is also a requirement to convince the court to order disclosure. Otherwise, a suit won't result in statutory damages, wasting the court's time then. Thus, we're back with Voltage's true intent, which is not to sue, but to intimidate TSI's customers for the purpose of extortion. Simple logic. If not A, therefore B.
MaynardKrebs
We did it. We heaved Steve. Yipee.
Premium Member
join:2009-06-17

MaynardKrebs

Premium Member

said by JonyBelGeul:

I think it's not so far off-topic. It was prompted by the argument that Voltage needs to prove loss before they can be awarded statutory damage.....

Now the Chapters-Indigo defense....

a) I buy a book at the store, take it home, read it, commit it to memory, and return it for a refund within 7 days. No problem. It's commonly done with no questions asked.

b) I buy a video at the store, take it home, watch it, commit it to memory, and return it for a refund. No go.

In both instances I have acquired knowledge/entertainment.
In both instances I have deprived the copyright owner of their 'fair' revenue.
Yet in case a) I'm well within my rights to do as I have done but in case b) I am not -- I'm treated like a criminal because of the difference in the medium and, more importantly, who lobbied the government for different treatment of the media/content.
UK_Dave
join:2011-01-27
Powassan, ON

UK_Dave

Member

That's a really thought provoking point, MK. At least for me anyhow.

Are the two cases (book and video) dealt that way differently in law, or just because of historic practice?

Are bookstores legally obliged to give a refund?

Are videostores legally obliged (by rights holders) not to?

Cheers
Dave