Difficulties that immigrants face trying to make it in the U.S.A.  

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So many people are being sued – and threatened to be sued – by “copyright trolls” which are holders of intellectual property rights (such as video, film, photos, software, boxing broadcasting rights and other creative content) who seek top profit in the Courts by pursuing copyright infringement cases.

Our country is a country of immigrants and very few people understand the intricacies of copyright law.  Nevertheless, “everyone is presumed to know the law” as the old saying goes.

In my IP law practice, I have seen many minorities and their companies, and others, bullied for various infringement claims and forced to pay large settlements for using a photo on their website, or downloading or sharing files through BitTorrent, or broadcasting a boxing match without commercial licensing rights at their {half-filled} restaurants, bars and taverns.

Most people are GOOD PEOPLE and don’t realize they are doing things wrong, and most have never received a CEASE and DESIST letter (which would naturally notify people they are violating the law and they should stop).  Most people would in fact stop.  Of course, this would dry up the “infringement market” for many companies who are profiting in this space.  While I understand the need to protect intellectual property, I see many small businesses getting smashed by large five figure settlements.

To me, I think a Cease and Desist letter should be required as the first contact with a individual or company violating copyright laws.  The recipient of the letter, if true, should pay a $250 penalty to cover the costs of the cease and desist letter or the rights holder could reserve their rights to go to Court.

This would both cut down on the large number of federal court lawsuits being filed each year (clogging the Courts with these cases), and for our new friends to this great country, (and perhaps not familiar with all the laws), this would allow them to avoid these types of “financial disasters” that can put them on the brink of fail, unwittingly in many cases.

Who will join me?