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77691Re: [videoblogging] Re: Fwd: Online Video Monetization Summit, May 5th in NYC

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  • Mark Villaseñor
    May 4, 2010
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      Joly MacFie: "...one can file [DMCA], and then the recipient can file a
      counter-notice to get the file put back up, and one has no option except to
      satrt proceedings. Thus it is not a very effective or economical way to take
      stuff down"

      Presuming you are referring to litigation by use of the term "proceedings,"
      I agree in a general context.

      However for one skilled in such matter filing suit in California (YouTube's
      Judicial Jurisdiction pursuant to its TOS) a Limited Civil Case can be
      prosecuted for just under $200, for say (as but one example) violation of
      Cal. B&P §17200; the same applies in a broader sense for Federal cases under
      17 USC §1203. (By de facto one agrees to a California jurisdiction when
      using YT.)

      Even with Attorney representation, prosecuting an IP Infringement case would
      not necessarily entail great costs; considering the tactical advantage
      California offers (in most Internet related actions).

      Bottom-line nonetheless, is; messing with the wrong folk, like stupidity,
      can be costly if not painfully significant. :D

      Mark Villaseñor,
      Canine Adventures For Charity - sm
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