Logic, IQ and Law

Logic, IQ and Law

Rational law requires logical thinking. Logical thinking requires intelligence.

Considering the following, under copyright law, license is an affirmative defense to a claim of infringement.

If a defendant has a license, to prevail on a claim of copyright infringement, the copyright owner must prove that copying by
defendant was beyond the scope of the license. (S.O.S., Inc. v. Payday, Inc., 886 F.2d 1081, 1085 (9th Cir. 1989)).

The burden shifts back to the plaintiff to prove a defendant's copying exceeded the scope of the license.

With the above, a cunning lawyer will make the false argument that the plaintiff has the burden to prove the scope of the license. However, proving the scope of the license is the same as proving the existence of the license. By requiring a plaintiff to prove the scope of the license, defendant shifts the burden of proving the existence of  license to the plaintiff. But there is no license, therefore plaintiff can never prove its existence. By using this trick, any infringer can g
et away from infringement, unless a judge can catch the trick.

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