A Lawyers Perspect

Hello fellow posters,
IAAL practicing in the IP field. I mostly represent those being sued for patent infirngement. I wanted to give a perspecti've from a legal United States POV.
) No modder has ever been prosecuted, under United Staes IP Law, for IP infirngement by providing functionality for a product that has already been released aka been purchased by end users and used.
2) The donations are optional. You were still able to download the drivers without donating. Also, I believe the donations aspect would hold up under law with regards to compensation for time because Daniel_K isn't looking to make a profit. It's kind of like asking for a fee for a blank CD when copying material. You're not paying a fee for the IP but the raw material. Labor has help up as "raw material" in case law.
3) The threat by Mr. O'Shaughnessy may be a bad move on Creative's part because of United States law in regards to the DMCA which strengthened IP rights. Also, it imposed penalties against those who provide false information in C&D letters. Yes, this wasn't a DMCA take-down notice but that is not an issue in the regards to the DMCA law.
I just wanted to give a POV of someone in the legal field. I think the class action lawsuit has a very good chance of winning in court. I also think Creative may be liable in regards to false advertising. I'm waiting to hear back from a colleague who has more experience in that field.
I really think in this day and age lovers and users of technology, new-media and the Internet donate to the EFF. Even a $5 donation would be helpful. It is my belief that these kind of threats will continue to grow in the near future.
CAL_Lawyer?

styckxx wrote:
CAL_Lawyer wrote:
Hello fellow posters,
IAAL practicing in the IP field. I mostly represent those being sued for patent infirngement. I wanted to give a perspecti've from a legal United States POV.
) No modder has ever been prosecuted, under United [size="6">Staes IP Law, for IP infirngement by providing functionality for a product that has already been released aka been purchased by end users and used.
2) The donations are optional. You were still able to download the drivers without donating. Also, I believe the donations aspect would hold up under law with regards to compensation for time because Daniel_K isn't looking to make a profit. It's kind of like asking for a fee for a blank CD when copying material. You're not paying a fee for the IP but the raw material. Labor has help up as "raw material" in case law.
3) The threat by Mr. O'Shaughnessy may be a bad move on Creative's part because of United States law in regards to the DMCA which strengthened IP rights. Also, it imposed penalties against those who provide false information in C&D letters. Yes, this wasn't a DMCA take-down notice but that is not an issue in the regards to the DMCA law.
I just wanted to give a POV of someone in the legal field. I think the class action lawsuit has a very good chance of winning in court. I also think Creative may be liable in regards to false advertising. I'm waiting to hear back from a colleague who has more experience in that field.
I really think in this day and age lovers and users of technology, new-media and the Internet donate to the EFF. Even a $5 donation would be helpful. It is my belief that these kind of threats will continue to grow in the near future.
CAL_Lawyer
#. You're not a Lawyer.#2. Even if you are one no one would take you serious with that spelling and grammar of yours.#3. Refer to #Message Edited by styckxx on 03-3-2008 03:37 PM
Sorry for the errors. I typed this over a period of 30 minutes, taking breaks to answer my phone, talk to my collegaues and check email. I may be a lawyer but I am human.

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