tag:blogger.com,1999:blog-16688455.post3610480176891736121..comments2024-03-18T09:13:19.346+00:00Comments on panGloss: Why Not Sue You Tube in the UK?panglosshttp://www.blogger.com/profile/00900934369744270540noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-16688455.post-87027396030947692652007-06-26T10:34:00.000+01:002007-06-26T10:34:00.000+01:00Besides the class action element that you mentione...Besides the class action element that you mentioned, I'd recommend suit in the US because:<BR/>--<B>Statutory damages in copyright</B>, which don't exist in the UK. EPL would be stuck with trying to prove lost sales or revenue in the UK, but merely get to opt for statutory damages in the US in order to ask for a large payout.<BR/>--<B>Lower risk in the US of having to pay the other sides legal fees if you lose</B>. The US doesn't have the fee shifting provisions that the UK does.<BR/>--<B>An informed judiciary.</B> The SDNY courts handle lots of copyright cases, and so may be more informed on copyright law. Suing in the UK could mean having to explain esoteric areas of copyright to a judge -- <A HREF="http://www.out-law.com/page-8062" REL="nofollow">maybe even to a judge that doesn't know what a web site is.</A>Jordanhttps://www.blogger.com/profile/09495155816511137806noreply@blogger.com