Copyright Infringement and Me
Nov. 3rd, 2010 @ 11:14 pm
Rather than sue the magazine, would it be better to sue the editor personally - especially as he/she has admitted culpability? I make this point for two reasons:
1. If the magazine does have a significant number of readers, it would seem poor form to punish them for the actions of an individual. And, as others have said, the damages you would likely get would be sufficient to cause the magazine to fold. (Pun not intentional.)
2. The violation does appear to be the work of a specific person, not that of the whole editorial team (based on what you have provided - I could easily be wrong). And that individual obviously knows that they have done wrong and have been caught, and has gone on the offensive, seeking to scare you into just dropping it. Because otherwise, his/her professional reputation is shot. Sueing the editor directly makes that certain, and makes sure that the punishment is directed where it is most deserved.
It might also be possible to negotiate a deal with the owners of the magazine in question (assuming the editor isn't one of them) that in return for agreeing not to include them in the suit, they agree to dismiss the editor. They would probably do so in any case, assuming the magazine survived, but that would ensure it happened.
|Date:||November 4th, 2010 04:30 pm (UTC)|| |
Re: As a question...
...You could always sue the company and then take control of it with the winnings you get from the lawsuit.
I think if you sued the person you wouldn't get much as all they have to do is declare bankruptcy. the magazine, you could always sue for a specific a mount that wouldn't Tank it, but be a lessoned learned.
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