To establish a copyright infringement case, the party has to establish: 1. Similarities 2. Confusions 3. Damages. Dr. Cai alleged that because of the alleged similarities in the cartoons, clients would choose our service over his, causing him substantially damages . He demanded that we pay him $150.000.00 Let me ask you all of you: Would anyone of you choose an attorney over the other based on the cartoons on the web site or etc? There are so many factors that distinguish our service from his service.
d*o
16 楼
首先,郭律师没有否认他的抄袭行为。 其次,他对我的话做了一些扭曲。 最后,郭律师对版权侵权的理解是错误的。根据美国版权法(来自美国政府网站),版 权拥有者有如下的排他权利: https://www.copyright.gov/title17/92chap1.html#106 the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonorecords; (2) to prepare derivative works based upon the copyrighted work; (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; 侵犯了版权拥有者的这些权利,即构成版权侵权。 他说的什么"confusions", " damages" 都不是构成版权侵权的必要条件。 https://www.copyright.gov/title17/92chap5.html Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A(a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be.
damages the
【在 D**9 的大作中提到】 : To establish a copyright infringement case, the party has to establish: : 1. Similarities : 2. Confusions : 3. Damages. : Dr. Cai alleged that because of the alleged similarities in the cartoons, : clients would choose our service over his, causing him substantially damages : . He demanded that we pay him $150.000.00 : Let me ask you all of you: Would anyone of you choose an attorney over the : other based on the cartoons on the web site or etc? There are so many : factors that distinguish our service from his service.
D*9
17 楼
首先,郭律师没有否认他的抄袭行为。 ---That is an incorrect statement.....I stated alleged similarity without admitting anything.... 其次,他对我的话做了一些扭曲。 ---I did not....You demanded that we pay you $150 K for your damages Or you would sue us........I can post your email here if you want...
my ..
【在 D**9 的大作中提到】 : To establish a copyright infringement case, the party has to establish: : 1. Similarities : 2. Confusions : 3. Damages. : Dr. Cai alleged that because of the alleged similarities in the cartoons, : clients would choose our service over his, causing him substantially damages : . He demanded that we pay him $150.000.00 : Let me ask you all of you: Would anyone of you choose an attorney over the : other based on the cartoons on the web site or etc? There are so many : factors that distinguish our service from his service.
What I am saying is that I do not think that Dr. Cai can establish his $150 K claim against us under the current copyright law.... Similarity itself does not constitute copyright infringement under the current copyright law....That is the law............
【在 D**9 的大作中提到】 : What I am saying is that I do not think that Dr. Cai can establish his $150 : K claim against us under the current copyright law.... : Similarity itself does not constitute copyright infringement under the : current copyright law....That is the law............
This is totally different subject matter..... We are in the business of legal service...Not cartoon business.. In order for Cai to assert his $150 K claim, under the current case law, he has to establish confusions and damages... If we were in the cartoon business, I would agree he has a strong case...But .....
Also to avoid further disputes with Cai, We have removed the cartoons..
he But
【在 D**9 的大作中提到】 : This is totally different subject matter..... : We are in the business of legal service...Not cartoon business.. : In order for Cai to assert his $150 K claim, under the current case law, he : has to establish confusions and damages... : If we were in the cartoon business, I would agree he has a strong case...But : .....
【在 D**9 的大作中提到】 : This is totally different subject matter..... : We are in the business of legal service...Not cartoon business.. : In order for Cai to assert his $150 K claim, under the current case law, he : has to establish confusions and damages... : If we were in the cartoon business, I would agree he has a strong case...But : .....
D*9
26 楼
Copyright law is very complex and it is not as simple as you stated...
【在 g**********r 的大作中提到】 : 郭律师,你怎么从法学院毕业的? : 照你这个说法,copyright law就没有任何意义了。 : 你未经许可使用别人版权的东西用于商业目的,就是侵权,就需要赔偿。不是你盗用别 : 人的cartoon,你就要卖cartoon赚了钱才算侵权。要不然,卖盗版盘的还说他卖的是塑 : 料片呢。 : : he : But
g*r
27 楼
哦,版权法很复杂,我们这些屌丝哪懂。 不像郭律师,懂得多,所以敢抄袭别人,不怕被告。
【在 D**9 的大作中提到】 : Copyright law is very complex and it is not as simple as you stated...
他还有另一个帐号叫papaya08 反正会办绿卡的都是版上新人刚来的也不知道之前是怎么一回事儿 久了帖子都会被删光光的 光EB1A 98%通过率那项就广告不实了 如果比移民律师人品 老刘蛮诚实的 Indeed, for the past USCIS Fiscal Year 2018 (October 1, 2017 – September 30 , 2018), our firm has achieved approximately a 99% approval rate for NIW, a 95% approval rate for Eb-1B, and despite strong headwinds in the NSC, an 84% approval rate for Eb-1A.
"A civil action (as opposed to a criminal or family proceeding, for example) begins with a Complaint, usually accompanied by a Summons. A Complaint is a legal document that lays out the claims that the Plaintiff (the person or business bringing the lawsuit) has against the Defendant (the person or business being sued)." https://litigation.findlaw.com/filing-a-lawsuit/what-to-expect-a-lawsuit- chronology.html 我请的律师正在准备这个 Complaint. 12楼的图片解释了抄袭和侵权的具体内容。已经有2017年和2018年的申请人告诉我他们 收到过那种宣传材料,里面包括有侵权内容。本版的绿卡申请人如果收到过同样的宣传 材料(见右侧对比图片),请联系我们: [email protected] 谢谢。