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Elite: Dangerous Tabletop Kickstarter Hits Snag
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<blockquote data-quote="Ovinomancer" data-source="post: 7709150" data-attributes="member: 16814"><p>Sure it is, but the evidence looked at is 'do you have a valid copyright and does this claim of infringement have at least some merit?' Merit, in this case, means 'assuming everything the plaintiff says is correct, is that a violation?" It's a ridiculously simple bar to proceed.</p><p></p><p>As to 'is the claim vexatious?' that's only considered AFTER the initial look at the merits is done.</p><p></p><p>And, to top it off, the judge only looks at the merits prior to the case if the defense files a motion to dismiss.</p><p></p><p></p><p>Utterly irrelevant. Not only does it not matter when they incorporated -- you can transfer ownership of IP and that doesn't prevent suing for prior infringement -- it's not even interested to the copyright claim.</p><p></p><p></p><p>Again, irrelevant. If the entity owns the rights, they can sue for ongoing infringement. They can even sue for prior infringement. When you get the rights doesn't remove your ability to sue, that's not how copyright law works.</p><p></p><p></p><p>Perhaps, I doubt the provenance of your facts, given your failed understanding of how this generally works. But, if true, that doesn't remove claim to those elements. If anything carried over, even in derivative form, copyright can apply.</p><p> </p><p></p><p>Nope. If I write a book, and someone else writes a sequel to that book, and then someone else writes a sequel to that book, I can sue under my rights to the original. I don't have to sue the person who wrote the 1st sequel, that doesn't reduce my rights. Perhaps I didn't find what the 1st sequel did with my characters to be bothersome, but I don't like what the second sequel does. That's good enough.</p><p></p><p>Again, it's becoming painful how wrong you are about how copyright law works. None of the things you say have to be answered first are even relevant to the claim. They may become relevant to a subsequent determination on if the claim is vexatious, but, honestly, given one of the people involved in the claim actually does hold some rights related to the IP, it's highly unlikely it will be determined to be vexatious. It may not succeed, given copyright law I'm not wiling to go over 50/50 on that proposition, but it's very unlikely to be determined vexatious given the information you've provided. But who knows, going to trial is unpredictable.</p></blockquote><p></p>
[QUOTE="Ovinomancer, post: 7709150, member: 16814"] Sure it is, but the evidence looked at is 'do you have a valid copyright and does this claim of infringement have at least some merit?' Merit, in this case, means 'assuming everything the plaintiff says is correct, is that a violation?" It's a ridiculously simple bar to proceed. As to 'is the claim vexatious?' that's only considered AFTER the initial look at the merits is done. And, to top it off, the judge only looks at the merits prior to the case if the defense files a motion to dismiss. Utterly irrelevant. Not only does it not matter when they incorporated -- you can transfer ownership of IP and that doesn't prevent suing for prior infringement -- it's not even interested to the copyright claim. Again, irrelevant. If the entity owns the rights, they can sue for ongoing infringement. They can even sue for prior infringement. When you get the rights doesn't remove your ability to sue, that's not how copyright law works. Perhaps, I doubt the provenance of your facts, given your failed understanding of how this generally works. But, if true, that doesn't remove claim to those elements. If anything carried over, even in derivative form, copyright can apply. Nope. If I write a book, and someone else writes a sequel to that book, and then someone else writes a sequel to that book, I can sue under my rights to the original. I don't have to sue the person who wrote the 1st sequel, that doesn't reduce my rights. Perhaps I didn't find what the 1st sequel did with my characters to be bothersome, but I don't like what the second sequel does. That's good enough. Again, it's becoming painful how wrong you are about how copyright law works. None of the things you say have to be answered first are even relevant to the claim. They may become relevant to a subsequent determination on if the claim is vexatious, but, honestly, given one of the people involved in the claim actually does hold some rights related to the IP, it's highly unlikely it will be determined to be vexatious. It may not succeed, given copyright law I'm not wiling to go over 50/50 on that proposition, but it's very unlikely to be determined vexatious given the information you've provided. But who knows, going to trial is unpredictable. [/QUOTE]
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