MELISSA FILES LAWSUITS CLAIMING COPYRIGHTS WHERE NO COPYRIGHTS EXISTED, NOR EVEN PENDING COPYRIGHTS.
Here is one of the many reasons Melissa's lawsuits are foolish nonsense. A large amount of the files she is suing people over were works she had only PENDING COPYRIGHTS for, she did not have ACTUAL COPYRIGHTS concerning the files she filed lawsuits regarding. You CANNOT sue someone concerning copyrights for works you have NO copyrights for. If you try to do so, as Melissa has done, you will not have good standing with the court and your case regarding the works you filed suit over will be dismissed. Melissa has sued people for copyright infringement concerning hundreds of Doc's files when in fact she had NO COPYRIGHTS.
This is clearly stated by the United States Supreme Court in a case recently argued before the High Court;
PETITIONER
Fourth Estate Public Benefit Corporation
RESPONDENT
Wall-Street com, LLC, et al.
ARGUED
Jan 8, 2019
DECIDED
Mar 4, 2019
Facts of the case;
Fourth Estate Public Benefit Corporation is a news organization that produces online journalism and licenses articles to websites while retaining the copyright to the articles. Wall-Street.com obtained licenses to several articles produced by Fourth Estate, and under the license agreement, Wall-Street was required to remove all of the content produced by Fourth Estate from its website before cancelling its account. However, when Wall-Street cancelled its account, it continued to display the articles produced by Fourth Estate.
Fourth Estate filed a lawsuit for copyright infringement, although it filed an application to register its allegedly infringed copyrights and the copyright office had not yet registered its claims. The district court dismissed the action, finding “registration” under Section 411 of the Copyright Act required that the register of copyrights “register the claim,” and that step had not occurred. The Eleventh Circuit affirmed.
Question;
Is “registration of [a] copyright claim” complete under 17 U.S.C. § 411(a) when the copyright holder delivers the required application, fees, and materials to the copyright office, or only once the copyright office has acted on that application?
Conclusion;
UNANIMOUS DECISION FOR WALL-STREET COM
MAJORITY OPINION BY RUTH BADER GINSBURG
Registration of a copyright claim occurs after the copyright office has processed the application, not upon filing of the application.
Registration of a copyright claim “has been made” not when an application for registration is filed, but only after the copyright office has processed the application and registered the copyright. In a unanimous opinion by Justice Ruth Bader Ginsburg, the Court held that Fourth Estate’s application to register its allegedly infringed copyrights was not yet complete for the purposes of 17 U.S.C. § 411(a) because the copyright office had not yet registered its claims. The Court looked to the language of the first two sentences of § 411(a) and found that under Fourth Estate’s proposed interpretation of the statute—that application alone would constitute registration—the second sentence would be made superfluous. Canons of statutory construction caution against such interpretations. The Court found that the more plausible interpretation—that registration occurs only when the copyright office finishes processing the application—is consistent with other provisions of the Copyright Act, as well.
RECENT COURT RULING in the case of Dolores Press, Inc. v. Patrick Robinson, et al.
Case 2:15-cv-02562-R-PLA Document 83 Filed 10/03/19 Page 1 of 2 Page ID #:1522
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
The Honorable R. GARY KLAUSNER, UNITED STATES DISTRICT JUDGE [issues the following decision on 10-03-2019];
"In Fourth Estate, the Court held that “registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright.” Id. at 886-87. In each of the four operative complaints and/or subsequent filings, Plaintiffs refer to “pending copyright registration applications.” Under Fourth Estate, Plaintiffs do not have standing at this time to assert copyright infringement claims for works where the applications remain pending. Thus, amendment of the complaints is proper prior to Defendants providing responsive pleadings.
Plaintiffs shall file amended complaints complying with the Supreme Court’s holding in Fourth Estate Pub. Ben. Corp. v. Wall-Street.com, LLC, 139 S. Ct. 881 (2019), or alternatively shall dismiss their complaints, no later than October 11, 2019."
COURT DOCUMENTS
As you can see in Melissa's lawsuit documents (below), she is suing people for files she had NO COPYRIGHTS FOR (see image three below), she is also suing people for files she not only had NO COPYRIGHTS FOR, BUT DIDN'T EVEN HAVE PENDING COPYRIGHT APPLICATIONS SUBMITTED (see image two below).
BEGINNING TO UNDERSTAND?
Are you people supporting Melissa beginning to see why we are standing against Melissa, her lies and deceptive lawsuits? We hope you're waking up and beginning to ask who is Melissa Scott, and why is she attacking Christians who are only doing what Doc said they could do; freely share his teaching files.
See images here...
https://tinyurl.com/y2wgjldu