Another Zombie Bad Idea That Just Won't Die: Copyright Small Claims Court Would Be A Free Speech Disaster
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Another Zombie Bad Idea That Just Won’t Die: Copyright Small Claims Court Would Be A Free Speech Disaster

from the free-money-for-trolls dept Going all the way back to 2012, we were highlighting why a copyright "small claims court" might be problematic . It’s been in discussion for a long, long time. There are some legitimate complaints from copyright holders that bringing a federal case is kind of expensive. But that’s because it should be expensive . When Congress got serious about this issue back in 2016, we wrote about how it would be a huge tool for copyright trolls . Earlier this year lawyer Cathy Gellis explained how the law was a total disaster , in that it was built with the assumption that all copyright claims are legitimate ones. But that’s a laughable claim — as copyright lawsuits (and threats of lawsuits) are quite frequently used either to just shake people down for money or as a way of suppressing free speech. Make it even easier to sue over copyright, and you can bet that it will be used much more often — meaning with significantly more abuse. We also had a guest post from lawyer Robert S. Schwartz, highlighting a very important point. One of the reasons why, historically, copyright law hasn’t been as big […]

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