Copyright: Re: Wanted: A Scott Specialized Page Printer

CJ is absolutely correct in a couple of his assertions:

1. That to assert a right (in this case copyright) is not the same as actually HAVING that right. Many, many people claim a copyright but that is entirely different from being able to DEFEND that copyright.

2. It is often cheaper to deal with an assertion (that might not cost much) rather than to go to court and unprove it (that might cost a way whole lot).

3. Misuse of an unregistered trademark can be taken to court, but it is much more difficult than taking misuse of a registered trademark to court. Neither one is always straightforward.

OK, that's three...but he's still right.

Legal actions are often a rich man's game; generally speaking those with the deepest pockets will prevail. If you have access to inexpensive legal resources than dealing with cease and desist orders and other saber rattling might seem reasonable. And of course if the legal action goes further and to judgment, there are still many dollars that can be thrown at it with appeals.

But for the average stamp collector that is looking at spending $200 per hour for a lawyer to respond on his letterhead is far less desirable than simply paying Scott for their products.

I guess this is why I did not understand CJ's advice at first. But now that I understand he has access to legal resources it makes more sense. But for most of us this would not make sense to run the cost/risk of tackling this kind of legal challenge. Being 'right' is one thing, having the money to make the point is another.