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Re: Helena Kobrin threatens *YET ANOTHER* lawsuit!

By cepetit@uxa.cso.uiuc.edu (C. E. Petit)
20 Jul 1995 05:12:40 GMT

[Jon wonders how a jury would react to Ms. Kobrin's nonsense.]

I doubt that the jury would get a chance to react. Copyright infringement is a federal question, and thus would get into federal court. And if it gets into federal court, Ms. Kobrin would need to come up with some very fast tapdancing within 21 days or face sanctions under Rule 11 for filing a frivolous pleading. Given her history of such bluster, I am not even sure that she understands Rule 11. But a court would look at that history as very relevant in determining a sanction "sufficient to deter further such" pleadings, motions, actions, etc. Dismissal with prejudice and costs sounds about right, since there is NO way that, on the basis of the six quoted lines, the plaintiff could argue that the quotation is either outside fair use or that there is a good-faith reason to change the law of fair use toward restriction. -- C.E. Petit ** The NRA is clearly from an uncivilized culture, because it ** it is incapable of counting amendments greater than "two." ** Democrat (n.): political officeseeker in only the first ** generation in family of providing nothing of value to society.