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On Similar, but not copied, image found to breach copyright news story (738 comments in total)

Don't count on other judges coming up with the same decision given virtually identical facts. The kiss of death is a defendant saying that he/she saw the copyrighted image and then made his/her own version of the copyrighted material. The judge will hear that as, "I copied the photograph."

Teru Rinshou (Jan 29, 2012 at 14:52:48 GMT) outlined what should have been the backbone of the defense.
". . . none of the defense lawyers had the common sense to type "london bridge, red bus, black and white" in Google images".
The testimony should have been that I saw hundreds (or whatever number is realistic) of "London bridge, red bus, black and white" pictures and I have no recollection of seeing the copyrighted photo.

I lost a copyright infringement case when my client insisted on saying that he had a copy of the copyrighted material but.....".

Direct link | Posted on Jan 30, 2012 at 05:14 UTC as 23rd comment | 2 replies
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