Hyman Rosen wrote:
On 4/13/2010 10:01 AM, RJack wrote:
1) The SFLC is being tried in a federal district in the Second
Circuit not in the CAFC: The JMRI case would be useful as toilet
paper (and nothing more) in the Second Circuit.
The reasoning of the CAFC is sound, and therefore other courts can be
expected to reach the same conclusions.
"... (a) concrete and particularized and (b) actual or imminent,
not conjectural or hypothetical;..."
17 USC 504
<http://www4.law.cornell.edu/uscode/17/usc_sec_17_00000504----000-.html>
§ 504. Remedies for infringement: Damages and profits (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).
No Article III standing, no jurisdiction and no lawsuit. You must have
actual damages provable to receive Article III standing. ROFL.
Sincerely,
RJack :)
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