[LINK] Does copyright have a future? [WAS: iinet wins!!]
David Boxall
david.boxall at hunterlink.net.au
Tue Feb 9 20:26:54 AEDT 2010
So now you reckon cost is not an issue?
BTW: I've conducted investigations, prepared prosecutions and acted as
witness in cases for a Government agency. I'm well aware of the
intricacies of the legal system.
--
David Boxall | The more that wise people learn
| The more they come to appreciate
http://david.boxall.id.au | How much they don't know.
--Confucius
On 9/02/2010 2:55 PM, Frank O'Connor wrote:
> To issue and process legal proceedings:
>
> Go to the Court of Issue.
> Nab one of their pro-forma summonses or writs
> Fill in the bits and the Statement of Claim
> Sign and validate summons or writ
> Pay issue fee to Court Registrar
> Arrange for service of Summons or Writ on the defendant
> After service wait for any Defences (three weeks to a month)
> If no Defence received apply for Judgement at the Court
> Execute Judgement by Warrent, Order or other remedy.
> If Judgement Execution unsatisfied, issue a Bankruptcy Notice and
> institute insolvency proceedings.
>
> Costs apply all along the way, process must be followed .... but yes, it
> is that simple.
>
> Given the fact that none of the above stretches the mind in any way ...
> it's much better to have a lawyer do it.
>
> In other words, simple in practice, simple in theory.
>
> Regards,
>
> At 1:25 PM +1100 on 9/2/10 you wrote:
>> On 9/02/2010 10:14 AM, Frank O'Connor wrote:
>>>>
>>>>> ...
>>>>> Enforceability of copyright probably isn't the issue ... that's a
>>>>> simple problem of evidence and process ...
>>>> If truly simple, wouldn't enforcement be common? Copyright privileges
>>>> are often infringed. If enforcement is simple, why isn't it practised?
>>>
>>> Usually because of cost-benefit analysis. The evidence and process
>>> costs time and money to initiate so the copyright holder wants to get
>>> best value for money so to speak.
>>>
>>> Any idiot can draft a summons/writ and issue it through a court ...
>>> hey, that's why we have lawyers.
>>> ...
>> So: simple in theory, unrealistic in practice.
>>
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