Re: My Website Has Been Taken Down

["bill.martens@gmail.com" <bill.martens@gmail.com>]

On Jan 20, 11:39 pm, "Bill Buckels" <bbuck...@mts.net> wrote:
> "mdj" <mdj....@gmail.com> wrote:
> >Actually I believe Bill is referring to one of the many Fair Use clauses
> >that are in the Copyright law of pretty much every western country.
>
> This is the specific act Matt.
>
> http://laws.justice.gc.ca/en/showdoc/cs/C-42/bo-ga:l_III-gb:s_29/en
>
> As I said in the beginning, I have the Right to the Fair Dealing exception
> for reasearch and private study.
>
> The Copyright holder may challenge this right and my rights will be balanced
> against the Copyright holder's rights.
>
> The Copyright holder may lose. I may lose.
>
> If there is no commercial market, and if no damages have been done, and if
> my right to study does not circumvent the moral rights of the Copyright
> holder and especially if no competition occurs I may not lose.
>
> The thing about rights is that they must be exercised. If I exercise what I
> believe to be my right and the other party doesn't do so for a number of
> years then decides to suddenly go after me for apparently no reasonable
> reason their rights may not weigh-in effectively.
>
> The thing about law is that lawyers and lawsuits cost money. But in Canada
> we have a less cavalier and more conservative civil law system than some
> other countries. Damages are generally confined to real amounts for loss.
>
> It is quite unlikely that criminal prosecution would occur except in a most
> blatant infraction which I truly doubt would be in consideration of a
> Software product that has not been supported for a number of years and has
> no real commercial value.
>
> I pay for my Software Licences anyway and even for some Abandonware. Other
> stuff that I study I don't much worry about since I believe that I have the
> right.
>
> I also have the right to an extradition hearing and not to be found guilty
> in-absentia in a foreign jurisdiction. And didn't Obama just close
> Guatanemo? And I think I passed my last internal audit which was done by
> Microsoft.
>
> Oh well...
>
> Bill

Bill,

It is also related to the statute of limitations in infringement
cases.  The judge usually has the discretion to decide exactly when to
establish as the beginning of the infringement. This is why it is
dangerous to assume that there will be no damages if there is no
commercial market.

Here is a link to a good blog on just that specific topic:
<a href="http://williampatry.blogspot.com/2005/05/statute-of-
limitations-part-one.html">http://williampatry.blogspot.com/2005/05/
statute-of-limitations-part-one.html</a>

--billm--