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FOR THOSE WHO DONT THINK THE COPYRIGHT LAW IS REAL.... - Page 2  

post #16 of 131
Thread Starter 
This isn't a recent thing...it's all been settled it was about 5 years ago....she didn't appeal the fine.

To pay the judgement she liquidated her business. Idk if that's the right word but she closed up shop and sold everything.
post #17 of 131
Quote:
Originally Posted by JWinslow View Post

Can she appeal the fine amount?  Seems excessive.  There is also the matter of collecting on the judgement.  Just like with traffic fines, one cannot be forced to pay the entire amount all at once.

If the defendant had an LLC (and maintained it correctly) they should be able to pay out the assets of the LLC (leaving personal assets untouched), dissolve the LLC, and start a new LLC as a brand new bakery with no debt.

It would be difficult to appeal the fine amount since it is within statutory limits. I'm just curious what kind of legal representation OP's friend had...didn't her liability insurance company provide a lawyer?
post #18 of 131
I believe there are a few lawyers on this site. Since I no longer work in the legal field, I no longer subscribe to LoisLaw and haven't had to do any legal research in years. Google would take longer since you usually have to connect the dots, but it can be done - otherwise, maybe one of our legal-eagle cakers could do a quick search on their database. icon_biggrin.gif
Plank.
Plank.
post #19 of 131
Thread Starter 
Could I ask what the big deal is? I mean what's the concern with finding the judgement? I welcome it but I'm just curious why it's such a huge deal. Especially considering it was a warning to help ppl. I didn't accuse anybody on this site of doing anything...so I'm wondering why it seems so important to prove it to be false.

I may have the wrong impression so correct ms if I'm wrong
post #20 of 131
Quote:
Originally Posted by morganchampagne View Post

so I'm wondering why it seems so important to prove it to be false.

Cognitive dissonance. If someone strongly believes that copyright law does not apply to them, they will do everything they can to ignore, avoid, bury, or explain away evidence that there are sometimes consequences to infringement in the real world.
post #21 of 131
Thread Starter 
Ah I see. Well I find it hard that anybody would really find this particular judgement. Seeing as how you don't know her name or company. At any rate, I do hope the warning helps someone. That's all I'm about.
post #22 of 131
Quote:
Originally Posted by morganchampagne View Post

Could I ask what the big deal is? I mean what's the concern with finding the judgement? I welcome it but I'm just curious why it's such a huge deal. Especially considering it was a warning to help ppl. I didn't accuse anybody on this site of doing anything...so I'm wondering why it seems so important to prove it to be false.

I may have the wrong impression so correct ms if I'm wrong

Your warning is not lost.  I was just curious.

I love what I do and do what I love

https://www.facebook.com/JeanneWinslowCakeDesign

I love what I do and do what I love

https://www.facebook.com/JeanneWinslowCakeDesign

post #23 of 131
Thread Starter 
Oh I didn't see your question Jason. I am not sure about her liability insurance or if she had it. I'm not intimately familiar with her details. She's a family friend so I know the general story.
post #24 of 131
It's so important because people want to base their decisions on facts. We've heard/read many times the "it happened to a friend of mine" but no evidence is offered. If you really want people to KNOW that these lawsuits happen, why not offer up the case law?

There's a reason Snopes.com exists - because there are a lot of stories that are simply made up.

I don't believe or disbelieve you. I am just answering your question.
Plank.
Plank.
post #25 of 131
Thread Starter 
Well that's fair, and I do understand. I was just curious.

Maybe it's on me for not gathering the info. I had the idea to tell the story in a post because it was mentioned in another thread, and wanted to elaborate. But I do understand what you're saying. My moms an attorney, my aunts an an attorney. So I am used to people wanting all the details!

I was just curious if there was something about my particular story that was unsettling or something. You saying that also helps me to understand Mimis comment too.
post #26 of 131
Quote:
Originally Posted by JWinslow View Post

Your warning is not lost.  I was just curious.
Ditto.
post #27 of 131
Thread Starter 

:D Im happy to hear that. If i would have known the history of alot of these stories being made up, i would have gotten prior permission from the friend to go into detail and maybe even scan the documents or something. However I now have an idea for a blog post. When/if I tell the story there ill be sure to have verifiable details to be sure the warning is 100% effective. I dont want to see anybody else lose their business over something like that

post #28 of 131
Kellym had something similar happen to her. It only went as far as a cease and desist letter though because she complied. She's been very vocal about copyrights since then sharing the story with CFL bakers to educate them that these character cakes can come back to bite folks in the tush years after they were made and forgotten. I did find that Louis Vuitton has been sue-happy in recent years. There were quite a number of lawsuits to sift through.
post #29 of 131
Thread Starter 
And this one was 5 years back! So it would take a dedicated person to find it. LV has been going after a lot of people for all kinds of infringements. There's a popular part of town here that sells knock offs. LV came through and rounded them all up!
post #30 of 131
Wouldn't your friend want to warn others? If I had to close my business, I would want it to serve as a cautionary tale.
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