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Subject: [IP] Re: Reversible transactions: a great new idea
Begin forwarded message: From: Joshua Tinnin <krinklyfig@gmail.com> Date: July 18, 2009 2:42:54 PM EDT To: dave@farber.net Cc: dpreed@reed.com Subject: Re: [IP] Reversible transactions: a great new idea For an example which is directly related, this is exactly what has to happen if you're involved in the sort of mess Bernard Madoff created. Because all of the transactions with Madoff and his clients are fraudulent and based on non-existent trades, all of those transactions have to be reversed and unwound, if need be. Of course, the reality is that won't happen in many cases, but that is what the government's lawyers are trying to do, and it will take a long time to untangle all of it. In the sense that a publisher distributing works for which they do not have rights is a fraudulent transaction in a way, I can sort of see the logic of pulling them back. However, in the interest of customer service and not causing additional problems with negative PR, and for legal liability reasons, their approach might not be the most advantageous, and unlike the money involved in the Madoff case, the existence of those copies isn't really doing anyone harm. Amazon could just pay the owner a royalty fee and a penalty instead of recalling all the copies. However, counterfeit and bootleg physical merchandise can be seized with a court order, correct? But I agree with Lauren that this is overreaching, in the absence of a court order. - jt On Sat, Jul 18, 2009 at 9:25 AM, David Farber <dave@farber.net> wrote:
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