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Pastimes : Business Wire Falls for April Fools Prank, Sues FBNers -- Ignore unavailable to you. Want to Upgrade?

To: Bill Ulrich who wrote (1265)	5/2/1999 8:48:00 AM
From: Don Pueblo	Respond to of 3795

Add her on if you want. I'll check around to see if I see any other really obvious ones. ************* Business Wire Falls for April Fools Prank, Sues FBNers \| Previous \| Next \| Respond \| To: Jeffrey S. Mitchell (1253 ) From: Cindy Powell Sunday, May 2 1999 2:00AM ET Reply # of 1271 Jeff, you can try to read that contract inside out and upside down, and you all can take out your Dick Tracy badges that you have earned on S.I. and wave it over the text and chant some woo woo's and some razzle dazzles, but you cannot deny that you are "responsible" for fraud in that you supplied non-factual information. There are no exclusions for April Fools Day, m'man. None-what-so-ever! Zippo, nada, zilch. They are sueing you for using and abusing them. Which is what you did! Just as Janice uses and abuses everyone that she doesn't like on Silicon Investor to be the brunt of her so called "humor" and nasty little spelling/grammar whipping sessions, you all used Business Wire. I truly believe that you went too far and that you are getting a taste of Karma. ************ Wonk's references are tasty: #reply-9269273

To: Bill Ulrich who wrote (1265)	5/2/1999 8:50:00 AM
From: TideGlider	Respond to of 3795

§ 504. Remedies for infringement: Damages and profits1 (a) In General. Except as otherwise provided by this title, an infringer of copyright is liable for either -- (1) the copyright owner's actual damages and any additional profits of the infringer, as provided by subsection (b); or (2) statutory damages, as provided by subsection (c). (b) Actual Damages and Profits. The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.

To: Bill Ulrich who wrote (1265)	5/2/1999 11:09:00 AM
From: Don Pueblo	Read Replies (1) \| Respond to of 3795

In 1989 the U.S. joined the Berne Convention for the Protection of Literary and Artistic Works. law.cornell.edu Under current law, works are covered whether or not a copyright notice is attached and whether or not the work is registered. *********** U.S. Supreme Court: Recent Decisions on Copyright www4.law.cornell.edu ********* Selected Historic Copyright Decisions supct.law.cornell.edu ********** Recent Decisions on Copyright www4.law.cornell.edu *********** Oh, one more thing: limited exceptions to this exclusivity exist for types of "fair use", such as book reviews. See § 107 of the act. Sec. 107. Limitations on exclusive rights: Fair use Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include - (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. [emphasis mine] www4.law.cornell.edu