logo

Against Monopoly

defending the right to innovate

IP Bullying

Monopoly corrupts. Absolute monopoly corrupts absolutely.





Copyright Notice: We don't think much of copyright, so you can do what you want with the content on this blog. Of course we are hungry for publicity, so we would be pleased if you avoided plagiarism and gave us credit for what we have written. We encourage you not to impose copyright restrictions on your "derivative" works, but we won't try to stop you. For the legally or statist minded, you can consider yourself subject to a Creative Commons Attribution License.


back

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.


Comments


Submit Comment


   

Most Recent Comments

A Texas Tale of Intellectual Property Litigation (A Watering Hole Patent Trolls) Aunque suena insignificante, los números son alarmantes y nos demuestran que no es tan mínimo como

James Boyle's new book with his congenial IP views free to download

French firm has patents on using computers to choose medical treatment 1

French firm has patents on using computers to choose medical treatment 1

French firm has patents on using computers to choose medical treatment 1

French firm has patents on using computers to choose medical treatment 1

French firm has patents on using computers to choose medical treatment 1

French firm has patents on using computers to choose medical treatment 1

French firm has patents on using computers to choose medical treatment 1

French firm has patents on using computers to choose medical treatment 1

French firm has patents on using computers to choose medical treatment 1

French firm has patents on using computers to choose medical treatment 1

French firm has patents on using computers to choose medical treatment 1

French firm has patents on using computers to choose medical treatment 1

French firm has patents on using computers to choose medical treatment 1

French firm has patents on using computers to choose medical treatment 1

French firm has patents on using computers to choose medical treatment 1

French firm has patents on using computers to choose medical treatment 1

French firm has patents on using computers to choose medical treatment 1

French firm has patents on using computers to choose medical treatment 1