tag:blogger.com,1999:blog-12505562.post1729653035879894375..comments2024-03-15T11:42:21.265-04:00Comments on The Patry Copyright Blog: Yes Virginia, there is a 411(a)William Patryhttp://www.blogger.com/profile/12987498082479617363noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-12505562.post-75210318256316203352007-12-04T15:08:00.000-05:002007-12-04T15:08:00.000-05:00When the 9th circuit took the liberty of amending ...When the 9th circuit took the liberty of amending its Perfect10 v. Google opinion yesterday (12/3), a ray of hope pierced our hearts -sect. 411 was getting the respect it deserved! Alas, the 9th circuit passed on this oportunity, and the footnote rejecting Google's lack of jurisdiction over unregistered copyrights argument remains in the <A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/DE8297F56287C0BC882572DC007DACC6/$file/0655405.pdf?openelement" REL="nofollow">new opinion</A>.Ethanhttps://www.blogger.com/profile/17385141770938849279noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-76593832131791834452007-12-03T12:05:00.000-05:002007-12-03T12:05:00.000-05:00What's really amazing is that it took a court this...What's really amazing is that it took a court this long to reach the issue, which as Bill correctly notes, is jurisdictional prerequisite: no registration, no suit.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-91423596168300583512007-11-30T11:23:00.000-05:002007-11-30T11:23:00.000-05:00I too thought this was a potential problem with th...I too thought this was a potential problem with the settlement, made glaringly obvious by the subclass definitions. I think there is a way to finesse the injunction issue -- allowing prospective injunctions to control the defendant's behavior, whereas seeing the initial jurisdictional requirement as a limitation on who's allowed to be a plaintiff. Sort of "he deserved to be enjoined, and my client was the one to do it." On the other hand, my attempted distinction requires further work to explain why someone with one registered work and ten unregistered couldn't sue for damages for eleven infringements, and I agree that such a person couldn't.RThttps://www.blogger.com/profile/00850241338827117087noreply@blogger.com