Path: rambo.bobo.net!xs4all!xs4all!newsfeed.wirehub.nl!newsfeed-east.supernews.com!supernews.com!nntp-out.monmouth.com!newspeer.monmouth.com!newsfeed.concentric.net!207.155.183.80.MISMATCH!global-news-master From: inFormer@informer.org (Rev Dennis Erlich) Newsgroups: alt.religion.scientology Subject: Re: Erlich vs Co$: The Clams Back Off Date: 18 Dec 1998 21:14:45 PST Organization: inFormer Ministry [a 501(c)3 non-profit, religious organization] "... in service of cult victims and their families." Lines: 38 Message-ID: <36802fdf.45763084@news.concentric.net> References: <367d1391.38516354@news.concentric.net> <367B3CF3.6D601098@xs4all.nl> Reply-To: informer@informer.org NNTP-Posting-Host: ts033d19.lax-ca.concentric.net Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-Newsreader: Forte Agent 1.5/32.451 X-No-Archive: yes Xref: rambo.bobo.net alt.religion.scientology:156283 Zenon Panoussis : >Congratulations! Thanks. >But with TM infringement gone You mean trade sekret? >and statutory damages gone, what is >now left in the lawsuit? They want me found guilty of infringing, and simply placed under a permanent injunction (similar to the TRO I am now under) which enjoins me from exceeding fair use. >The way I understand it, if copyright >infringement is proven you get statutory damages automatically, >and if you can't prove the infringement, you get nothing anyway. >I simply don't see the point in insisting that an infringement >has been committed and yet not asking for statutory damages, so >I assume I've got an M/U here. Please explain. Without statutory damages, I don't get to present my case to a jury. Only Whyte decides the fair use issue. And he's the one who authorized the unconstitutional raid in the first place. Personally, I trust 12 people who don't think fraudulently obtained and unconstitutionally asserted property rights trump first, forth and 14th amendment civil rights, more than I would some federal judge who issues unconstitutional writs of seizure for excessive quoting. But hey. That's just me. Rev Dennis Erlich * * the inFormer * *