[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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