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Against Monopoly

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Monopoly corrupts. Absolute monopoly corrupts absolutely.





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Copyright Karma Costs Mattel $137-Million

Via Eugene Volokh, a small excerpt from a judge's decision which seems to "get it" when it comes to copyright extortion:

Mattel asserted a copyright claim that was stunning in scope and unreasonable in the relief it requested. The claim imperiled free expression, competition, and the only serious competitor Mattel had faced in the fashion doll market in nearly 50 years. MGA's successful defense ensured that well-resourced plaintiffs cannot bend the law to suit their pecuniary interests. For these reasons, and pursuant to 17 U.S.C. § 505, the Court awards MGA $105,688,073.00 in attorneys' fees and $31,677,104.00 in costs.

Judge Carter's specific reasoning makes one want to jump for joy! -

Fee awards to copyright defendants serve a purpose loftier than mere compensation: rewarding a successful defense that "enrich[es] the general public through access to creative works." Fogerty, 510 U.S. at 527. The rationales that underlie copyright favor limitation. Defendants play an important role in "demacrat[ing]" [sic] the "boundaries of copyright law" by raising defenses predicated upon public access to creative works and the novel expression of ideas...

Read the full Mattel v. MGA decision here:

http://cdn.volokh.com/wp/wp-content/uploads/2011/08/MattelvMGAFees.pdf


Mattel has had a notorious history of IP abuse:

http://www.out-law.com/page-4681

http://en.wikipedia.org/wiki/Mattel_v._MCA_Records

Their legal affairs department could definitely use some re-education. Meanwhile, they payback is enjoyable in this instance.


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