Federal Court Recognizes Copyright Rights In Cease And Desist Letters

Miscellaneous General
1

Here is an excerpt from an article on PRWeb:

Dozier Internet Law: Federal Court Recognizes Copyright Rights In Cease And Desist

Glen Allen, VA (PRWEB) January 24, 2008 – The US District Court for the District of Idaho has found that copyright law protects a lawyer demand letter posted online by the recipient (Case No. MS-07-6236-EJL-MHW). The copyright decision, in pertinent part, has been made available by Dozier Internet Law, and is the first known court decision in the US to address the issue directly. The Final Judgment calls into serious question the practice of posting lawyer cease and desist letters online, a common tactic used and touted by First Amendment groups to attack legal efforts at resolving everything from defamation to intellectual property disputes.

So if a lawyer writes you a threatening letter you can’t post it online anymore - assuming this stands. In cases like this it’s worth remembering that the legal system is also a cartel.

2

I have never argued that our current copyright system was just. Merely that IP is a valid concept. The fact that medical malpractice (and legal malpractice) exist does not prove the practice of medicine invalid. Medical malpractice is more common when physicians are forced to work for the government. Copyright malpractice is more common when those who enforce copyrights are forced to work for the government. The problem is government, not IP

3

You should still be able to quote the important bits, as always.

4

It’s not so much an issue of what you can quote. I didn’t ask for the lawyer’s letter; but he can impose it on me and all the restrictions that go with it just by sending it to me.

I wonder if the judge will extend that privilege to every citizen or only to lawyers. From the article it sounds like the latter.