Talk:Module 7: Enforcement

CHRIS NOTES

• "“I received a cease and desist letter from a publisher complaining that, by including some of his works in one of my coursepacks, I am infringing his copyright. What should I do?”"
  • we've lost nadia and angela again!
• "Directive 2000/31/EC (Directive on Electronic Commerce)"
  • cite?
• "Commentators have advanced alternative choice-of-law rules, including, for example, application of the law of a particular state if it is possible to localize in that state the point from which the infringing work becomes available to the public. However, there presently does not appear to be a uniform, agreed-upon analysis that governs this issue."
  • i am not sure what this means but i think it needs to be phrased more clearly
• Article 5(2) of the Berne Convention
  • linku
• Art. 13(1)(a) of the EU Directive 2004/48/EC on the Enforcement of Intellectual Property Rights
  • cite?
• end case study, nadia and angela are back? furthermore, it needs to be made more explicit how the case study is related to the opening case study!

KAI Notes:

+ eIFL suggests renaming this module "Infringement and Enforcement." I can't figure out how to do this.

+ This module should be broken into separate wiki documents to make editing easier.

+ I'm concerned that much of the discussion may be US-specific without being labeled as such. For instance, do most countries require a plaintiff to establish a likelihood of success and the possibility of irreparable harm? Or is that just the US standard?