Charging the prosecution in copyright infringement – is it a good idea?

By | December 29, 2011
This is an interesting proposition. I don't think it would make SOPA any better, but it might help in taking a first step to levelling out the bully-effect, at least on copyright abuse field (though the patent field needs this sort of workaround even more urgently in my opinion).

Regardless, I'm not convinced that this is a solution which solves the brokenness of the current system in the long term but rather one that compounds it – the main problem being people with lots of money bullying people who don't. What we really need is a mechanism in the system allowing people without deep pockets to trigger a crackdown on 'bully behaviour'.

Could SOPA fly if big media put skin in the game?
What if the answer to all the political theatre surrounding SOPA was an amendment forcing copyright holders to put their money where there mouths are? Some of SOPA’s terribly harsh penalties for infri…

2 thoughts on “Charging the prosecution in copyright infringement – is it a good idea?

  1. Franklin Ross

    I agree with this solution. One of the worst things about the legal system in the US is that anyone who sues doesn't have to pay a damn thing in most cases. Lawyers (I refuse to use the dignified term "attorneys" for these people) who cater to sue-happy plaintiffs very often do it for free, and if they lose the case, they eat the expenses. The first legal reform should be that all plaintiffs must pay their lawyers full billing fees for each and every suit ! That will cut the number of suits in half, at least.

    As for SOPA, most of these companies probably pay their lawyers something, but if they had to pay damages as well if they lose — as the article suggests — it would be a tremendous deterrent. I'm all for this.

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  2. Sophie Wrobel

    I'm not claiming that SOPA is about piracy. I'm claiming that there are some parallels in how the situation is being handled and what the possible implications could be – which are things to pay attention to should certain groups decide to push certain legislative initiatives farther in the direction they have been going so far.

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