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Supreme Court ruling could boost damages payments in US lawsuits over historical copyright infringement

The US Supreme Court yesterday answered a question about damages in copyright cases that was posed in a dispute over a Flo Rida sample. However, it didn’t answer a related question about a thing called the ‘discovery rule’, even though that answer could have resulted in the Flo Rida claim being void.
by Chris Cooke | May 10, 2024

The US Supreme Court has answered an important question about damages in American copyright infringement cases which was posed during a dispute over a Flo Rida sample. Basically, the top court ruled, if a copyright owner sues over an infringement that took place years or even decades ago, providing their claim meets the requirements of the statute of limitations, they can claim damages all the way back to the day of infringement.

The sample at the centre of this legal battle came from 1984 Tony Butler track ‘Jam The Box’ and appeared in Flo Rida’s 2008 release ‘In The Ayer’. Butler, working with music publisher Warner Chappell, cleared the sample for use in Flo Rida’s track. However, years later a man called Sherman Nealy popped up claiming that he actually owned the copyright in ‘Jam The Box’, having signed Butler to his Miami-based label Music Specialist back in the 1980s.

Under US copyright law, infringement claims must be made within three years of the infringement or - by applying a thing called the ‘discovery rule’ - within three years of the copyright owner discovering the infringement. Nealy argued that he only discovered the infringing Flo Rida sample in 2016, less than three years before he sued in 2018.

By applying the discovery rule he could make a claim, but then came the big question about damages. If his claim was successful, could he only claim damages back up to three years - in line with the statute of limitations - or all the way back to the release of ‘In The Ayer’ in 2008?

That question was put to the Eleventh Circuit Appeals Court, which said all the way back to 2008 seemed right. But that conflicted with how the Second Circuit Appeals Court, elsewhere in the US, answered the same question in another case in 2020. Hence why the whole thing was bounced up to the Supreme Court.

In its judgement, the Supreme Court first said that it “assumed” the discovery rule applied in this case and Nealy could therefore pursue an infringement claim. On that basis, it considered “whether a claim satisfying that rule is subject to another time-based limit … preventing the recovery of damages for any infringement that occurred more than three years before a lawsuit’s filing”. It then ruled, “We hold that no such limit on damages exists. The Copyright Act entitles a copyright owner to recover damages for any timely claim”.

So that's nice and straightforward. Except, you might wonder, why is the Supreme Court merely “assuming” that the discovery rule applies in this case, meaning that Nealy can sue and the damages question is subsequently posed?

Well, some people argue that the discovery rule shouldn't even apply in copyright cases, and those people would have quite liked the Supreme Court to say so. But, the Supreme Court decided that - because that specific question hadn't been raised in the Flo Rida sample case - it wasn't going to answer it.

“In this case”, the judges wrote, “we assume without deciding that a claim is timely under that provision if brought within three years of when the plaintiff discovered an infringement, no matter when the infringement happened”.

Six of the judges in the Supreme Court backed the judgement, but three dissented. Those three judges felt that the question as to whether or not the discovery rule applies in copyright cases is rather important and should have been answered. Probably with a big fat “no”.

In a dissenting judgement, they wrote that the court had considered how the discovery rule should operate under the Copyright Act, “but in doing so it sidesteps the logically antecedent question whether the act has room for such a rule. Rather than address that question, the court takes care to emphasise that its resolution must await a future case. The trouble is, the act almost certainly does not tolerate a discovery rule. And that fact promises soon enough to make anything we might say today about the rule’s operational details a dead letter”.

Nealy’s copyright infringement lawsuit is actually still going through the motions at a district court level while the big question about damages was posed in the Supreme Court. If Nealy ultimately prevails, yesterday's judgement could have a big impact on the damages he can claim.

The ruling will also impact on the damages claimed in other copyright infringement lawsuits. Indeed, it may make pursuing a lawsuit more attractive for copyright owners relying on the discovery rule in relation to infringements where the big damages stem from usages long ago.

Meanwhile, we await to see whether any future case will force the Supreme Court to answer that initial discovery rule question. If answered “no”, that will render yesterday's ruling redundant, as the dissenting judges noted.

https://completemusicupdate.com/supreme-court-ruling-could-boost-damages-payments-in-us-lawsuits-over-historical-copyright-infringement/?utm_campaign=270324&utm_medium=email&utm_source=cmudaily

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mrmikemrmike@mrmikemrmike
November 15, 2024
INFOWARS VIGNETTE February 04, 2015

Vaccine Death Toll Rises
An update to two reports filed earlier this month. The flu vaccine has claimed another child and the Disneyland measles outbreak is being blamed on the unvaccinated but the system cannot explain away fully vaccinated people coming down with and even spreading the flu. The vaccine hoax is starting fail. Infowars reporter Rob Dew covers this and looks at European studies that our CDC refuses to conduct as it runs cover for big pharma

https://tv.infowars.com/index/display/category/reports/order/popular/id/6321

00:14:41
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mrmikemrmike@mrmikemrmike
November 15, 2024
INFOWARS VIGNETTE October 10, 2013

Smart Meters: Total Technocratic Control
Smart Meters Will Destroy Your Health While Spying On You. In other words, they're really, really stupid meters.

https://tv.infowars.com/index/display/id/5251

00:04:14
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mrmikemrmike@mrmikemrmike
December 31, 2024
My AJ Store Link

https://thealexjonesstore.com/mrmikemrmike

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mrmikemrmike@mrmikemrmike
14 hours ago

“Jean a de longues moustache, Jean a de longues moustache" - BBC Overseas Service, JUNE 5th, 1944

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mrmikemrmike@mrmikemrmike
14 hours ago
Thanks Grace..

What the Media Won't Tell You: Trump vs. Musk Feud | by Grace | June 5, 2025 | Really Graceful

Well, today Elon Musk and President Trump had a very public falling out over the "One Big Beautiful Bill"...Here’s what the media won’t tell you about the Trump-Musk break-up.

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mrmikemrmike@mrmikemrmike
December 27, 2024
TIME & SENSATIONALISM

Hey peeps! 

I hope everyone had a wonderful Holiday. Besides wishing you all a Merry Christmas I wish I could send everyone a holiday gift. Some in our community have shared tasty family holiday receipes and some have made suggestions to donate to wonderful causes. I of course share my Christmas action-movie binge which is not a gift but an intense distraction while prepping for joyous holiday activities. Hans Grubber falls so many times in the kitchen every Christmas I cannot even begin to count. Yet there's something I'd like give you this holiday season and that's Time. 

As you set goals for 2025 I suggest you take on the goal of eliminating sensationalism from your news diet. Whether your New Year's resolutions are small, large, or great, this goal is relatively tiny.

Identifying sensationalism in the news cycles will help grow Time. Time you can use for more important activities like saying "Hi!" more often to friends and family, or banking more Time to accomplish larger goals. It is a rare thing that can truly compensate you for your Time.

I will not assume that you cannot identify sensationalism. I'm sure all of you can point to recent examples of sensationlism in the media. Though I do have questiions for you:  How do you deal with sensationlism? Do you simply ignore it? Are you a headline reader who immediately identifies sensationalism? What do you consider sensationalism? How do you categorize it? How do you see past sensationalism read between the lines without actually engaging? How do you eliminate subconscious motivations to engage? 

I know. That's a half-dozen questions that will suck your Time to answer. In truth, I don't want you to answer those questions. I don't want you to answer because there's another half-dozen questions I could ask. Yet, think of what you can do with a bit more Time.

In order to bank your Time in 2025, I wish you to consider what media stories are actually worth your Time. You're above-average so I ask you to identify them. Identify and eliminate. Yes. My gift of Time is a piece of advice. You can accept this tiny gift and you can even re-gift it, but alas you cannot return it. Time is something no one can give back. 

 

PS. If you choose to reply, I'd be interested in seeing what current media stories you consider sensationalism and a waste of Time. Thanks and all the best, M.

 

BACKMATTER

Chris MacLeod, MSW.  "Ways To Uncover The Unconscious Motivations That Are Holding You Back". *SUCCEEDSOCIALLY.COM*  https://www.succeedsocially.com/findunconsciousmotivations

Doll, Katie. "What Drives Human Behavior? The 5 Motivational Factors". *SHORTFORM*. January 30, 2024. https://www.shortform.com/blog/what-drives-human-behavior/

Robinson, Lawrence and Melinda Smith, M.A. "Social Media and Mental Health: Are You Addicted to Social Media?" *HELPGUIDE.ORG INTERNATIONAL*. October 29, 2024. https://www.helpguide.org/mental-health/wellbeing/social-media-and-mental-health

Traci Sitzmann, Bradford S. Bell. "The dynamic effects of subconscious goal pursuit on resource allocation, task performance, and goal abandonment". *ORGANIZATIONAL BEHAVIOR AND HUMAN DECISION PROCESSES*, Volume 138, 2017, Pages 1-14, ISSN 0749-5978. https://doi.org/10.1016/j.obhdp.2016.11.001. ibid. https://www.sciencedirect.com/science/article/abs/pii/S0749597816307105

 

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mrmikemrmike@mrmikemrmike
July 26, 2023
Mike Rivero Retires from RBN! | 26 July 2023
Creator of CLINTON BODY-COUNT Leaving Republic Broadcasting

Those that follow Ron Gibson's podcasting archive featuring the Alex Jones Show know Mike Rivero. The RBN and former GCN talk radio host is retiring from radio this week. Friday is Mr. Rivero's last day [affectionally on-air I've called him Mr. Rivero for years].

Ron Gibson Archive w Rivero

Mike Rivero is known in Hollywood too. After a stint at NASA (Viking and Voyager) Rivero went to work in Visual F/X, most notably STAR TREK: The Motion Picture (1979), STARGATE (1994) with Kurt Russell, THE DAY AFTER TOMORROW (2004) with Dennis Quaid, and a classic family favorite CONEHEADS (1993) with Dan Ackroyd and Jane Curtain.

While in Hollywood, Rivero called out the fraud surrounding the death of Clinton attorney Vincent Foster in 1993. His outspoken views on the facts of Foster's death caused career issues for him in SoCal's liberal cesspool. Ever forward, Mr. Rivero endured and created the website WHAT REALLY HAPPENED. 

Then almost two decades ago, GCN's Alex Jones recognized Mike Rivero's CLINTON BODY-COUNT. Soon after, Rivero became a regular Alex Jones Show guest and guest host. Then GCN offered Rivero his own radio show completing GCN's powerful Truther lineup.

Weekly Monday through Friday, this lineup featured Dave von Kleist and Joyce Riley's morning POWER HOUR, the ALEX JONES SHOW mid-morning/midday, and the KATHERINE ALBRECHT SHOW (co-author of SPY CHIPS and founding VP of Startpage.com) midday, followed by Mike Rivero's WHAT REALLY HAPPENED and FREE TALK LIVE with Mark and Ian (Free State Project and early BTC promoters) throughout the afternoons and evenings, capping off nights with Jeff Rense (RENSE.COM). In the wake of 9/11, NWO minions were exposed daily like never before. 

After many years on radio and working when possible in visual effects Mike Rivero produced the 45-minute docu-commentary ALL WARS ARE BANKERS' WARS in 2016. Its current IMDb rating is a surprising 9.2/10. Rivero's well-cited video indictment is frequently reposted across all video platforms and social media sites by dozens of free-minded truthseekers (including now below). 

As far as RBN? No doubt Rivero was their greatest draw. After the passing of owner/host John Stadtmiller in 2021 no other RBN personality had the gravitas or alternative media chops as strong as Rivero. Rivero is loved by his regular listeners, many that often call in daily. His wife, "The Lovely Lady Claire" made frequent radio appearances and in many instances, confronted political issues with greater tenacity than Michael. Many listeners wanted to talk to Lady Claire more so than him! Both are wonderful patriotic Americans. RBN is a publicly-funded media organization headquartered in Round Rock, Texas. How the organization will fare after Mike Rivero's retirement only time will tell. 

Mike Rivero announced his retirement from the Republic Broadcasting Network this week. Today, he stated he'll now focus his time on the What Really Happened website, family, and occasional gigs. His kind radio voice and daily empirical analysis of current events will be greatly missed across independent alternative media. 

See you in cyberspace Mr. Rivero. "Because WWIII is a really bad idea"

Rivero_IMDb_Partial Bio

Reference links:

Michael and Claire Rivero
https://www.imdb.com/name/nm0729489/bio/?ref_=nm_ov_bio_sm

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https://www.imdb.com/title/tt10635880/
https://www.imdb.com/name/nm2429444/?ref_=nmbio_sp_1

Ron Gibson
https://www.bitchute.com/profile/N8taGOXsvXh6/

Alex Jones
https://www.infowars.com/

Dr. Katherine Albrecht
https://www.imdb.com/name/nm2184491/
https://www.penguinrandomhouse.com/authors/238073/katherine-albrecht/

Dave von Kleist and Joyce Riley
https://www.imdb.com/name/nm1671706/?ref_=tt_ov_wr
https://www.imdb.com/name/nm1870499/

Free Talk Live with Mark and Ian
https://libertytalk.fm/talk-radio-shows-and-hosts/free-talk-live-ian-freeman-mark-edge/
https://news.bitcoin.com/free-talk-live-co-host-ian-freeman-found-guilty-in-federal-crypto-trial/
https://reason.com/2022/12/30/libertarian-radio-host-ian-freeman-convicted-for-helping-people-buy-bitcoin/

Jeff Rense
https://rense.com/

RBN
https://republicbroadcasting.org/

WRH and the Clintons
https://whatreallyhappened.com/NEW/
https://www.whatreallyhappened.com/RANCHO/POLITICS/BODIES.html
https://whatreallyhappened.com/WRHARTICLES/EpicOfClintonsMess.html https://whatreallyhappened.com/RANCHO/POLITICS/FOSTER_COVERUP/foster.php

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mrmikemrmike@mrmikemrmike
June 10, 2023
Disclosure Project 2.0 Conference Schedule June 10 - 11, 2023
Historic National Press Club Event June 12, 2023. Washington DC.

Explosive New Disclosure Witnesses and archives unveiled over an intensive 2-day conference, followed by the Disclosure 2.0 National Press Club Event.

 

SATURDAY, JUNE 10TH

9:00 AM - 10:30 AM

Presentation by Michael Schratt

  • ET vehicle crash retrieval cases – data and illustrations
 

10:30 AM - 11:00 AM

BREAK

 

11:00 AM- 12:30 PM

Presentation by Michael Schratt

  • Covert manmade craft vs ET craft – data and illustrations

12:30 PM - 2:00 PM

Lunch - Attendees are on their own for lunch.

2:00 PM - 3:45 PM

Presentation by Dr. Steven Greer

  • Disclosure Project Intelligence Archive
  • Extensive Military, Corporate and Top-Secret Witness list
  • Top Secret Facilities – map and location of facilities around the world
  • State of Disclosure
  • New Top-Secret witness cases
 

3:45 PM - 4:00 PM

SHORT BREAK

4:00 PM - 5:30 PM

Presentation by Dr. Steven Greer

  • New top-secret witnesses will appear to tell their story with slideshow illustrations
    • Steven Digna, Jr. – U.S. Army witnessed “V” shaped craft at Ft. Irwin produced by Raytheon.
    • Michael Herrera – Marine Corps witnessed covert manmade ARV in Indonesia being loaded with drugs and weapons.
    • DC Long – U.S. Army top-secret facility at Ft. Bragg engineering anti-gravity ET technology.

7:30 PM - 10:00 PM

Special FundRaising Dinner

  • Disclosure Project Intelligence Archive
  • Whistleblower project

 

SUNDAY, JUNE 11TH

9:00 AM - 10:30 AM

Presentation by Michael Schratt

  • Select historical UFO cases
  • The Illegal Black Budget

10:30 AM - 11:00 AM

 

BREAK

11:00 AM- 11:20 AM

Presentation by Bahman Zohuri, PhD, Professor, Scientist and Author

  • Scalar wave energy – technology and applications

11:20 AM- 12:30 PM

Presentation by Eric Hecker, Raytheon contractor witness presentation.

  • Raytheon neutrino light array South Pole

12:30 PM - 2:00 PM

Lunch - Attendees are on their own for lunch.

2:00 PM - 3:45 PM

Presentation by: Dr. Steven Greer

  • The Architecture of Secrecy
  • Counterintelligence and disinformation
  • Media corruption
  • Tic Tacs/UAPs
  • Weaponizing technologies National Security,
  • Top government officials briefed by Dr. Steven Greer that were denied access (Inverse witnesses)

3:45 PM - 4:00 PM

SHORT BREAK

4:00 PM - 5:30 PM

  • Ret. Col. Heckert, USAF will present live testimony as a U2 pilot
  • Dr. Greer’s recommendations to the President, Congress and the Pentagon
  • A Call-to-Action what citizens can do to further disclosure
  • Attorney Derek Garcia will discuss RICO (Racketeer Influence and Corrupt Organizations Act)
  • Plans for a legal task force
  • Q and A
  • Closing

7:30 PM - 9:30 PM

Screening of the “Lost Century and How to Claim It”

9:30 PM - Midnight

VIP Afterparty  

 

 

Monday, June 12, 2023

Disclosure Project 2.0

National Press Club Event

UAP/UFO Disclosure Evidence 2 PM EST.

529 14th St NW, Washington, DC 20045

https://drstevengreer.kartra.com/page/dcpressconference2023

 

Historic press event on UAP/UFO disclosure in Washington, DC

WASHINGTON, May 24, 2023 /PRNewswire/ -- Dr. Steven M. Greer, founder of the Disclosure Project and one of the world's leading authorities on the UFO/UAP issue, will be presenting definitive evidence of illegal unacknowledged black budget projects related to UFO/UAP operations in Washington DC – 2pm on JUNE 12, 2023 at the National Press Club.

He will be joined by several top-secret Government whistleblowers, who will be presenting compelling testimony.  These whistleblowers include a U.S. Marine who witnessed a manmade UAP offloading illegal weapons and drugs in Indonesia in 2009.

The Disclosure intelligence UFO archive, consisting of over 5 terabytes of government documents, whistleblower testimony and specific locations of illegally operated UFO projects and corporations will also be unveiled.  Over 700 military, intelligence and corporate whistleblowers are included in this vast archive.

Plans for a civilian initiated RICO (Racketeering Influenced Corrupt Organization) lawsuit against illegal military and corporate projects will be announced and outlined.

Additionally, some of the 119 crash/retrieval events of extraterrestrial vehicles will be summarized and presented.  The Disclosure Archive contains intelligence on all these cases.

A summary of advanced energy and propulsion technologies that have been illegally confiscated and suppressed will be presented.  These technologies would replace all fossil fuels, nuclear power and electric transmission systems and would create a new economy free of poverty and pollution within a generation.

Over the course of the last 30 years, Dr. Greer has identified over 700 high-level government and corporate whistleblowers willing to testify on their direct involvement with the UFO/ET matter, advanced energy and propulsion systems and the existence of covert government programs that are run illegally. 

He has provided briefings for sitting U.S. presidents and senior government officials across the globe, drawing from his extensive intelligence archive.  He has conducted countless media interviews and lectured all over the world.  Dr. Greer has authored five books and produced five feature documentaries.  His latest film, "The Lost Century and How to Reclaim it" will be released on June 6, 2023.

"It's really about the renewal of democracy, because everyone says, 'We're in a free country in a democracy', but how free and how democratic can it be if the most important technologies and the most important discoveries are kept from the media and the public and our policy makers."

https://www.prnewswire.com/news-releases/historic-press-event-on-uapufo-disclosure-in-washington-dc-301834022.html

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