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Isaac
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Re: Email Jokes?
« Reply #5 on: May 18th, 2005, 7:09pm »
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I wouldn't think laches likely to be an issue with this set
of facts.  Just because someone has no issue with their work
being posted on the Internet does not mean they don't want
a cut of a book published with those jokes.  Also, the author
would have very little ability to policy emailings of his
jokes between private parties.
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Isaac
IP Attorney
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Re: Email Jokes?
« Reply #6 on: May 19th, 2005, 9:01am »
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I don't understand your reasoning.  The whole concept of laches/estoppel is to provide an equitable defense against a copyright holder doing nothing over a certain period of time to protect his/her rights.  These scenario seems entirely possible if the patent holder has knowledge (through a cursory Google search) that his/her jokes are all over the net.  I don't see how the facts the OP presented can so easily lead you to conclude that laches is not available.
 
I would be very surprised if the email jokes the OP received were simply emails between private parties, as you suggest.  A more likely scenario is that the jokes were sent through mass mailings (which is the way I receive these kinds of jokes) and are publicly and readily available on blogs, message boards, and other sites with unfettered public access.
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JSonnabend
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Posts: 2251
Re: Email Jokes?
« Reply #7 on: May 19th, 2005, 9:12am »
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Patent holder?  Google search of email?  I think you have some homework to do before advising clients on this one.
 
Laches is an equitable defense, and so the equities must be balanced.  I think a court would quickly excuse inaction over non-commercial email "publication" in an action concerning commercial, in-print publication.
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
IP Attorney
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Re: Email Jokes?
« Reply #8 on: May 19th, 2005, 9:22am »
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I should register so I can modify.  I apologize for the typo.  And I thought this was a forum for discussion rather than a determination of ability to advise clients.  I was simply bringing up an alternate point although I readily admit it isn't the strongest, and both you and Mr. Clark have brought up good points.  No need for the extra commentary.
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Sonia
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Posts: 8
Re: Email Jokes?
« Reply #9 on: May 19th, 2005, 10:50am »
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Yes, the email jokes were received via "mass email" and numerous forwarded emails (I detest non-formatted forwards) and I've just been shoving them into a file as I receive them.  Many of them have come around the world  three or four times now.
 
So, my layman's understanding of laches is that, even though the original authors of the jokes have done nothing in the past to stop the reproduction of  their work (in this case via email), that if I put the jokes into book form, that the authors can bring suit for copyright infringement?
 
So, methinks it would be best to stay away from the whole idea and keep out of trouble.  Grin
 
Thank you for all your time and replies.  Smiley
 
« Last Edit: May 19th, 2005, 10:53am by Sonia » IP Logged

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