>This implies that you are going to have to go to court
No it doesn't, it means that if you get dragged to court because you got the email at 1AM and you were asleep, then you're not guilty of anything.
No judge will put up a fine for that.
No it doesn't, it means that if you get dragged to court because you got the email at 1AM and you were asleep, then you're not guilty of anything.
No judge will put up a fine for that.
Getting dragged to court is disruptive, unsettling and expensive.
This all sounds quite lucrative for the lawyers and notaries. It remains disruptive, unsettling and expensive, not to mention unnecessary, for everyone else. Depending on which of the EU’s 28 member states’ courts one finds oneself dragged into, what you’re proposing could be years of distraction.
Nobody will do this, no sane legal department signs this off or approves of such behavior. Doing otherwise is a great way to incinerate their legal licenses. There are fines for behavior like that.
The best outcome for the suing party of such a scenario is a 5 minute court room appearance in which the judge slaps you with a restraining order and closes the case.
This has literally never been an escalating problem in european courtrooms to my experience because judges don't like that behavior and laws exist to prevent it.
In theory, there are. In practice, the abuse of both copyright and offensive content notifications is rampant and almost never punished. You have to get to real hardcore crime on massive scale before judicial system starts noticing, and even then it can take years and a lot of effort to get it to do anything. In most cases, such abuse is completely unpunished or gets slap on the wrist.
What? No you can’t. Is this entire thread disclaimed by your “sometimes I lie” line in your profile description?
Dubious. The other lawyer will claim they believed you had read the complaint and therefore that they were acting in good faith, and will see no punishment at all.
Or I just ban Tor users from creating reports, I'm not forced to enable abuse, if they have an actual complaint they can use their real internet connection. End of story.
If you are on holiday at that time, the court will in almost all cases instruct the other party to wait until you return at which point you can respond to the C&D.
Most of EU has judges that are interested in a just resolution, not just being "an independent arbiter" of two researchers.
> No judge will put up a fine for that.
You're contradicting yourself...you have to go to court to get charges dropped by a judge.
This could happen 100x (or even thousands) for any mid-sized content platform. Most of these things are automated these days.
Besides there's no guarantee the parties will automatically act rationally and drop the claims of infringement before threatening court, merely because you claim you were sleeping. And you specifically said a judge won't pursue it, but even that is a maybe.
As mentioned multiple times, if they did this the judge would simply deny the entire fine and suit and they'd have to pay you damages and they'd likely receive a cease&desist order from the court.
You must inform parties of violations and allow for adequate time to react to them. Sending an email is already a nono for legal notices as there is no guarantee that the other party even received the mail properly.
The only way to properly and legally verifiably send them is to have a write-in mail which the receiver must sign with their signature before receiving. For everything else you might as well send money in an envelope ahead of time.
This is not a mere fact this is established procedure.
>Besides there's no guarantee the parties will automatically act rationally and drop the claims of infringement before threatening court, merely because you claim you were sleeping.
That's not what I've been saying, I've been saying that the infringement still needs to be dealt with but you can obviously not react when you are asleep.
In practice though, most of EU gov-burocracy, incl. courts, prosecutors, statisticians, taxation, food-control, cultural/educational, whoever, esp. in recently-joined former-this-or-that countries, exist mostly in order to make work to each other = i.e. support/keep the whole system. Sadly, that is the reality.
And yes, they may charge u of (inexisting) offense (and even without sending u email), if that has any chance of putting oil in the cogwheels for some years. No matter what, the state does not lose.. it just somebody's nerves and taxpayers money wasted, but who cares.
Yes.
>it just somebody's nerves and taxpayers money wasted, but who cares.
Courts in the area I live in tend to dislike such behavior a lot.
That mostly doesn't operate like that, even in US.
If you take it to court and the court finds the complaint invalid then they can (and usually do) force the party that sent the C&D to pay your expenses and damages (ie, lost business due to you having to turn up to court) and usually a restraining order with hefty fines on it.
Atleast in germany it is expected that disputes are resolved via C&D and letter correspondence, court is a last resort.
To my knowledge, the court system in other countries varies but is not that different...