Comments on: Bankruptcy court tackles copyright infringement http://blog.lawinfo.com/2005/06/02/bankruptcy-court-tackles-copyright-infringement/ Lawyer Blog | Attorney Blog | Read and Post Fri, 20 Nov 2009 20:47:12 -0800 http://wordpress.org/?v=2.8.4 hourly 1 By: Kevin Kartchner http://blog.lawinfo.com/2005/06/02/bankruptcy-court-tackles-copyright-infringement/comment-page-1/#comment-3264 Kevin Kartchner Mon, 22 Oct 2007 22:46:51 +0000 http://blog.lawinfo.com/2005/06/02//#comment-3264 I have a relative who's being sued by the recording industry for "illegal" music downloads. He's willing to settle, but not for the $5,000 the plaintiffs are demanding; however, they're playing hardball, saying they won't settle for less because the statutory damages would be much higher, and saying that unless he settles immediately, the settlement amount will go up. He'd like to be able to use the threat of Chapter 7 as a hammer in his favor, but obviously it won't work if the "damages" aren't dischargeable. My question is what constitutes "willful" infringement, and what facts might bear on that determination in a music-download case? The number of music files in question? Whether clear commercial gain was derived? The relative legal savvy of the "infringer"? As for the recording industry, I can't help but regard them as frickin' Nazis--using copyright law to bludgeon people into compliance, just like sending a few recalcitrant Frenchmen to the firing squads every day to try to kill off the Resistance. I have a relative who’s being sued by the recording industry for “illegal” music downloads. He’s willing to settle, but not for the $5,000 the plaintiffs are demanding; however, they’re playing hardball, saying they won’t settle for less because the statutory damages would be much higher, and saying that unless he settles immediately, the settlement amount will go up. He’d like to be able to use the threat of Chapter 7 as a hammer in his favor, but obviously it won’t work if the “damages” aren’t dischargeable. My question is what constitutes “willful” infringement, and what facts might bear on that determination in a music-download case? The number of music files in question? Whether clear commercial gain was derived? The relative legal savvy of the “infringer”?

As for the recording industry, I can’t help but regard them as frickin’ Nazis–using copyright law to bludgeon people into compliance, just like sending a few recalcitrant Frenchmen to the firing squads every day to try to kill off the Resistance.

]]> By: Esther Mitchell http://blog.lawinfo.com/2005/06/02/bankruptcy-court-tackles-copyright-infringement/comment-page-1/#comment-3262 Esther Mitchell Thu, 20 Sep 2007 19:41:13 +0000 http://blog.lawinfo.com/2005/06/02//#comment-3262 I found your blog posted regarding the exception of copyright infringement in discharging a bankruptcy. However, I am an author, and a listed creditor in a current bankruptcy case involving a publisher. Are there any laws which protect my IP rights, regarding published works, and might exempt them from being applied as company "assets"? Do I have any legal recourse to stop the sale of my contracted rights to a third party, in this case? I found your blog posted regarding the exception of copyright infringement in discharging a bankruptcy. However, I am an author, and a listed creditor in a current bankruptcy case involving a publisher. Are there any laws which protect my IP rights, regarding published works, and might exempt them from being applied as company “assets”? Do I have any legal recourse to stop the sale of my contracted rights to a third party, in this case?

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