Re: [dvd-discuss] Internet movies loses in Hawaii

[microlenz(at)earthlink.net]

On 28 Jun 2003 at 21:30, Glendon Gross wrote:

Date sent:      	Sat, 28 Jun 2003 21:30:58 -0700
From:           	Glendon Gross <gross@xinetd.com>
Organization:   	Xinetd Communications
To:             	dvd-discuss@eon.law.harvard.edu
Subject:        	Re: [dvd-discuss] Internet movies loses in Hawaii
Send reply to:  	dvd-discuss@eon.law.harvard.edu

> Now I really would like to see someone produce the Perry Mason show previewed
> below. Maybe we can find someone who will produce it and make it available for
> free download.  :) I for one would be happy to buy a copy if it ever comes out
> on DVD,  "just to support the playright". :)

I thank you! The "screenplay" below is copylefted so no support to the 
"playright" is possible (but I like the thought!)...;-) 

> 
> 
> Regards,
> 
> Glendon Gross
> 
> 
> microlenz@earthlink.net wrote:
> 
> > On 28 Jun 2003 at 11:57, Marcia Wilbur wrote:
> >
> > Date sent:              Sat, 28 Jun 2003 11:57:31 -0700 (PDT)
> > From:                   Marcia Wilbur <aicra@well.com>
> > To:                     dvd-discuss@eon.law.harvard.edu
> > Subject:                [dvd-discuss] Internet movies loses in Hawaii
> > Send reply to:          dvd-discuss@eon.law.harvard.edu
> >
> > >
> > > Mike Rossi of InternetMovies.com lost in HI court against the MPAA.
> >
> > Extracted Fronm
> >
> > >
> > > http://www.entlawdigest.com/story.cfm?storyID=2774
> > >
> > >
> >
> > <snip>
> >     US Magistrate Judge Barry M. Kurren noted that the tortious interference
> > claims required a showing that the MPAA acted ?without justification.? The
> > judge said that here the MPAA had acted within its rights
> >   in sending a notice to FlexNet.
> >
> > Kurren ruled that there was no provision in the Digital Millennium Copyright
> > Act (DMCA) that required a copyright holder to conduct an investigation to
> > establish actual infringement prior to sending a notice to an ISP. ?Rather,
> > the DMCA only requires a copyright holder to form a good faith belief of an
> > alleged or ?claimed? infringement prior to sending an ISP a notice.? The judge
> > found that there was little question that the statements on the plaintiff?s
> > home page ?strongly suggest, if not expressly state, that  movies were
> > available for downloading from the site.? Accordingly, the judge found that
> > the MPAA had more than a sufficient basis to form the required good faith
> > belief that InternetMovies.com was engaged in  copyright infringement.
> >         Kurren ruled that since the MPAA was justified in sending the notices
> > to the ISP, the plaintiff cannot show tortious interference and those counts
> > must be dismissed. <snip>
> >
> 
> >
> > I think the only part of the Judges logic I can fault is the "good faith
> > belief". .....<wavy screen>
> >
> > Perry Mason - "So you saw claims that movies could be downloaded?"
> > Jack Valenti - "Yes I did and I directed our legal staff to take actions
> > accordingly"
> > PM - "Did you actually visit their website?"
> > JV - "yes I did"
> > PM - "you have a computer in your office don't you"
> > JV - "yes I do"
> > PM- "when did you get it?"
> > JV "just last month?"
> > PM- "Is this your first one?"
> > JV -"No I've had several"
> > PM-"three or four?"
> > JV-"yes"
> > PM - "So you are aware how to use all the periperals such as the keyboard,
> > speakers, mouse" JV - 'yes" PM- "and you know how to use the standard software
> > I assume such as a word processor, netscape internet browser, email" JV - "I
> > use Internet Explorer" PM-"when you use Internet Explorer, how fast does it
> > load?" JV - "I don't understand" PM-"well when you click on a graphics image
> > at a website, how long does it take for it to come up? When you click on a
> > video clip, how long does it take for ti to start running' JV-"seconds! We
> > have high speed internet access at the MPAA!" PM-"So tell the court Mr
> > Valenti, how you can claim to have made a good faith belief when you are
> > clearly computer literate enough to use a mouse, know how to click that mouse
> > on images or videos using Internet Explorer and have a hight speed line to
> > actually download and verify that copyrighted material acutally is present?"
> > JV- "ahhhhh...ohhhh" PM - "I would suggest to the court that by not making
> > that final effort that your easily could have done that you deliberately did
> > not verify the claims of copyright infringement and that you acted in bad
> > faith.
> >
> > < unwavy screen>
> >
> > The judge split hairs here. The investigation was trivial and would have taken
> > far less time than this court case did. As such I dispute the good faith claim
> > and had he been more computer literate would have too.
> >
> > >
> > > *** ignore your rights, they'll go away ***
> > > - marcia wilbur
> > >
> 
> 
> 
>