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[SOLVED] Ericsson slammed me with a Copyright Strike on a Teardown video, help!?
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Veteran68:

--- Quote from: mcovington on February 18, 2020, 12:20:31 am ---I think the key point is that Ericsson has not actually alleged any definite infringement of any copyright!

It's not enough for them to say something vague about "intellectual property rights."  In fact, that is the kind of talk that comes from a low-level employee not trained in the law.

If it had been me I would contact Ericsson and say I am willing to take down the video if you can point out exactly what, in the video, violates a copyright, bearing in mind that publicizing technical details does not violate a patent (in fact patents are intended to be made public) nor does it reveal a trade secret (because they have never given you any trade secrets -- you don't work for them).

--- End quote ---
(IANAL) It's not illegal, just ill advised because it could potentially affect the outcome of your case in a negative way. Sort of how in the criminal justice system "anything you say can be used against you," so it goes in civil court. So it's common practice that discussing an ongoing case publicly is generally avoided, although occasionally you'll find people doing it. Now sometimes a judge will impose a gag order, or a settlement will require a NDA be signed else the settlement is voided. But those are specific orders in a specific case, and not a general rule of law.
EEVblog:

--- Quote from: mcovington on February 18, 2020, 12:20:31 am ---I think the key point is that Ericsson has not actually alleged any definite infringement of any copyright!

--- End quote ---

Yes, they have. They have put in a Copyright claim to Youtube under penalty of perjury under the copyright act that they have a legitimate claim of copyright. They didn't have a legitimate claim and they know it, and that's a crime.
EEVblog:

--- Quote from: Red Squirrel on February 18, 2020, 01:39:09 am ---Is it legal to publish details to the public of an ongoing legal dispute though?

--- End quote ---

It's not a formal legal dispute until it goes the courts, it's a threat of a legal dispute.


--- Quote --- I always thought that was illegal.
--- End quote ---

Nope, in either case unless there is a legal gag order from a judge.
tautech:

--- Quote from: EEVblog on February 18, 2020, 07:05:28 am ---
--- Quote from: Red Squirrel on February 18, 2020, 01:39:09 am ---Is it legal to publish details to the public of an ongoing legal dispute though?

--- End quote ---

It's not a formal legal dispute until it goes the courts, it's a threat of a legal dispute.


--- Quote --- I always thought that was illegal.
--- End quote ---

Nope, in either case unless there is a legal gag order from a judge.

--- End quote ---
It's jurisdiction dependant and mostly doesn't need a court order to be sub judice.
In most places when an case is lodged with the court sub judice rules are enacted as they preserve the right to a fair trial.
https://en.wikipedia.org/wiki/Sub_judice
Ed.Kloonk:

--- Quote from: Red Squirrel on February 18, 2020, 01:39:09 am ---Is it legal to publish details to the public of an ongoing legal dispute though? 

--- End quote ---

The problem with speaking publicly out of court is you run the risk of tainting the jury, which is very illegal. It is why people on the news leaving court don't say anything, just look straight ahead and keep walking.

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