Sunday, July 31, 2005

Objecting and Opting Out

A mini-correction to our report on Thursday’s hearing in New York. The independent objector who spoke was not an objector but someone who chose to opt out of the settlement. His name, I believe, is Francis Hammett. (That may not be the right spelling.)

This gives me an opportunity to explain the difference between objecting and opting out. Our general advice to writers is to object, because the settlement is such an awful sellout, because the paperwork isn’t worth the trouble for the tiny $5-to-$60 claim awards for the vast, vast majority of the infringements, and because the “future license by default” provision will bury the possibility of freelance writers’ being able to leverage new technologies in their own interests for at least a generation.

But if you have a number of “Category A” claims (infringements of works whose copyrights were registered before the infringements), then opting out could be your best move. The claim awards for A’s, topping out at $1,500, are also insultingly lousy. (In the UnCover class action, the equivalent of A’s got $30,000 each.) Opting out preserves your right to sue the class action defendants on your own.

In addition, there’s a provision that says the defendants can blow up the settlement if opt-outs reach a certain threshold. And what is that threshold? Why, it’s secret ... of course!

6 Comments:

Blogger cash at home said...

Hello, you have a great blog here! I'm definitely going to bookmark you!
I have a network marketing lead generation site. It pretty much covers network marketing lead generation related stuff. Check it out if you get time :-)

9:41 PM  
Blogger cash at home said...

Remarkable blog here! I really enjoyed the topic you chose to write about. I'm definitely going to bookmark you! automatic lead responder It pretty much covers automatic lead responder related stuff. Come and check it out if you get time :-)

6:25 AM  
Blogger Brian said...

Hey, you have a great blog here! I'm definitely going to bookmark you!

I have a marketing services site/blog. It pretty much covers marketing services related stuff.

Come and check it out if you get time :-)

1:26 PM  
Blogger Joe Berenguer said...

I just came across your blog and wanted to
drop you, Blogger, a note telling you how impressed I was with
the information you have posted here.
If you have a moment, please visit my site:
rhos
It covers rhos related contents.
I send you warm regards and wish you continued success.

2:11 AM  
Anonymous Scott Arthur Edwards said...

Dear friend, Here is an opportunity for you that is taking over the internet. The compensation plan is second to none. The spill over will blow your mind and the educational products are of the highest quality. Knowledge is power and nobody can ever take that away from you. Join me in this business and see for yourself what you will be getting. Click here: FREE Information

5:03 PM  
Anonymous Scott Arthur Edwards said...

Here it is... FREE advertising, FREE download. No cost to you! Get your FREE download NOW! Make money and get FREE advertising! This is a great program for you to take advantage of... Check this out now for FREE!

To find out more visit: homebusiness site. It successfully exposes FREE information covering traffic and homebusiness related stuff. Don't forget, FREE, FREE, FREE!!!

8:49 PM  

Post a Comment

<< Home