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Paizo Copyright Issues at Obsidian Portal?
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<blockquote data-quote="AeroDm" data-source="post: 5615238" data-attributes="member: 13650"><p>My point is that the burdens are hugely disproportionate on the two parties. The copyright holder doesn't draft an entirely new complaint. They tell someone (probably an intern, aka "minion") to spend a day updating an old complaint the partner drafted some time ago. I've been that minion ("<em>IAAL...and an MBA. No, really!</em>" <img src="data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7" class="smilie smilie--sprite smilie--sprite1" alt=":)" title="Smile :)" loading="lazy" data-shortname=":)" />). It costs the copyright holder a few hundred in filing fees and because the other party *did* violate the copyright but for safe harbor provisions, they need to defend. Whoever they hire doesn't have an old brief to update, so defending is significantly more expensive. Moreover, as you say, the copyright holder doesn't want to put the person in jail, they just want to deter future violations (whether or not those violations ought to be protected by a safe harbor. Showing that you are willing to sue is a huge deterrent. </p><p></p><p></p><p></p><p>That's fair and is a good point. Paizo isn't so large that I doubt they take any legal action without a fair amount of consideration and input from the C-level. Regardless of size, though, the copyright holder is better suited than the alleged infringee.</p></blockquote><p></p>
[QUOTE="AeroDm, post: 5615238, member: 13650"] My point is that the burdens are hugely disproportionate on the two parties. The copyright holder doesn't draft an entirely new complaint. They tell someone (probably an intern, aka "minion") to spend a day updating an old complaint the partner drafted some time ago. I've been that minion ("[I]IAAL...and an MBA. No, really![/I]" :)). It costs the copyright holder a few hundred in filing fees and because the other party *did* violate the copyright but for safe harbor provisions, they need to defend. Whoever they hire doesn't have an old brief to update, so defending is significantly more expensive. Moreover, as you say, the copyright holder doesn't want to put the person in jail, they just want to deter future violations (whether or not those violations ought to be protected by a safe harbor. Showing that you are willing to sue is a huge deterrent. That's fair and is a good point. Paizo isn't so large that I doubt they take any legal action without a fair amount of consideration and input from the C-level. Regardless of size, though, the copyright holder is better suited than the alleged infringee. [/QUOTE]
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