Archived posting to the Leica Users Group, 1999/08/27

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Subject: [Leica] Re: web pub baloney & OT (no leica)
From: "Paul Schiemer" <schiemer@magicnet.net>
Date: Fri, 27 Aug 1999 07:52:44 -0400

yesterday Jay wrote:
> I am sorry if you have not had good experience with our justice system,
> but you do a disservice to all on this list by discouraging others from
> asserting their legal rights.

I've not had bad experience with attorneys and our legal system- but I have
had experience with both, and plenty of it.
I never discouraged anyone from asserting their 'legal rights'- just
encouraged them to realize it's not about the propriety of their claim, it's
only about the money.
They should be pragmatic and pessimistic, before they believe they'll get
their just dessert going through the process. I also preach protection
first, mark your images before they are released into the public domain.

You said it best right here:
> The decision whether to bring a case is dependent on many factors including
> the potential defendant's ability to pay, the circumstances of the copying and
> others.  Personal gain to the attorney should not be a factor.

It's about the money, it's not about justice and fair treatment. You,
as an attorney, stand to benefit from a successful issue- and you won't
take a case pro bono unless you have to. Money, therefore, is the underlying
factor.

If you are a good attorney you'll advise the client <who has suffered
copyright theft> that a case is based on a series of steps toward obtaining
relief.  At any point in this path the likelihood is equally strong they
won't prevail, or some other, insurmountable obstacle will prevent
remuneration. A defense attorneys' goal is to not pay any money.
A suit is a crap shoot. Good attorneys are good at throwing more crap on the
table in the process. Great attorneys know how to shovel shit.
It's BAD advice to tell the artist there IS money at the end of the tunnel.
* * * * * * * * * * * * * * * * * * * * * * * * * *
With respect to OT. This 'thread' is about putting your images up on the
web. It may not contain specific hardware related information, but it is
about photography. Leica cameras are used in this endeavor, and many persons
here are interested in getting their Leica made images seen by others.
If the "herders" among us would refrain from foisting imaginary lines on the
group, and learn to use the 'delete' button (especially so when the SUBJ:
says [NO LEICA])- it'd probably save more bandwidth.