Upload & Sell: On
| p.3 #8 · Advice needed on photo theft. |
Thank you ...
I particularly appreciate the court's ability to clarify the directness of the plain language and the separation of 1201 & 1202 to stand alone given that there is no language that binds them (which is why they were presented in separate sections ). This is a critical point that likewise applies to those who are trying to bind Chapter 12 to Chapters 4&5 without such specific language contained in the statutes to bind or make them contingent upon the other(s).
Again ... thank you very much for that link. That is the "teeth" that we need to realize that Congress (our representatives) has written law that is in our corner regarding those who remove our copyright/identity/ownership information/etc., (typically, but not conditionally) in order to hide their infringements (which is different from the infringement itself) ... and that the court can uphold it in the plain language that it was written. This is exactly what I was hoping to see from the court, including the court's analysis of how/why the defense's argument was predicated upon faulty logic of the plain language and hierarchy established by the arrangement of the statutes.
A salient point here being that the defense will try anything & everything to buffalo/persuade the court with a better argument than the plaintiff. An argument can sound viable if you allow it to be predicated upon faulty logic. It is imperative that the plaintiff be able to successfully present to the court that the defense's argument is faulty (as explained by the court's reference to plain language & hierarchy). The court will not make the argument on behalf of the plaintiff, the plaintiff must be able to do that for himself (i.e. the need for a GOOD attorney). The court can then recognize the faulty aspects of the defense's argument (as presented by the plaintiff) and not be persuaded by it.
In short, the court has told the defense ... "Nice try, but learn how to read".
This is a very important reference, that we should all be very thankful for being provided.
Thank you. Thank you. Thank you.
BTW ... did I mention:
"THANK YOU !!!"