Originally Posted by Bob Barr
I'd be interested on your thoughts regardong the copyright infringer suing the copyright holder. Do you think that suit could really go anywhere?
The infringer would be liable to the copyright holder. However, the copyright holder would need to show damages - which is the sticking point in any law suit. However, if the copyright holder has a registered copyright there are statutory damages that would apply.
As for the infringer suing someone, their suit would be against GoDaddy for diabling all their sites and not just the one being complained about. Again proving damages becomes a big issue.
As I said in my earlier post, I do not think GoDaddy is handling their DMCA complaints correctly. The statute is clear on how a complaint is to be handled, and I think GoDaddy went way to far in this example, to the detriment of the infringer, and that the infringer would have a case against GoDaddy.
As I said above, it would take a rich client to persue GoDaddy - a case like this against GoDaddy would probably cost in the neighborhood of $100,000.