Because I think it is fun, and not because I think wither WJJH or WMS will listen to me, I will offer a settlement in the WJJH v WMS Copyright Infringement Lawsuit.
Here are my assumptions, based on writings from both parties and additional sources.
Neither party can trust the other. Both have accused the other of violating an arbitration agreement obtained in previous civil proceedings. Since trust is central to any settlement:
Settlement Fact I
Any settlement between the parties must be submitted as a joint motion to the court, to be legally binding and punishable by Federal Law.
There is absolutely no doubt that WMS infringed on the works of WJJH. WMS as admitted to this as fact in court papers. WMS is claiming that his infringement is covered under his affirmative defense of fair use. If this case is to be settled prior to the merits of the affirmative defense are decided, then WMS has given nothing and WJJH has given everything. This is not fair to WJJH. Therefore
Settlement Fact II
WMS will be enjoined from any copyright infringement against the intellectual property of WJJH.
As of this time, since the merits have not been decided, both parties have suffered harm from the lawsuit. WJJH suffered harm when WMS infringed his intellectual property. WMS suffered harm when WJJH filed suit against him. In the interest of fairness to both parties:
Settlement Fact III
WJJH will reimburse WMS for all legal fees and mailing fees WMS incurred during the suit. WMS will reimburse WJJH for all legal fees and mailing fees WJJH incurred during the suit. In the case that one set of fees is larger than the other set of fees, the party with the lesser fees will pay the party with the greater fees no more than double their own fees.
Since, under Assumption I, trust is an issue between both parties:
Settlement Fact IV
The repayment of fees will be to the Court. The Court will distribute payment to the parties when both parties have complied. Fees to be recouped are to be clearly included in the Settlement Motion.
The stopping of butthurt is essential for a clean resolution to this case. So, in the interest of the stoppage of butthurt:
Settlement Fact V
Both parties agree to have no more discussion about the lawsuit on either of their blogs, twitter accounts, or any other medium on the internet. Both parties may post a copy of the Settlement Motion on their respective blogs that are active at this time, and no other location. Both parties willingly agree to this gag order.
This is a fair settlement for both parties. It will allow WJJH to focus on his two pending lawsuits and allow WMS to focus on his own health. I believe that this settlement, at this time, with the known facts as presented by both sides, is in the best interest of everyone. 99% of all Copyright Infringement Lawsuits end in settlement. There is no shame on either side to settle, and with this settlement it is possible for both sides to part, if not amicably, at least politely.
Thank you for your consideration.
It seems WMS is willing to consider this Settlement. I closed comments on this post because really, everything that needs to be said has been said. WMS reached out to me via Twitter and seems to be willing to accept all five of my Settlement Facts. I find that encouraging and reasonable. WJJM can use either his blog or Twitter if he has any comment. I’ll gladly update the settlement if either side has anything they’d like to offer.
However, I do feel that the court cost situation is already suitably dealt with in a fair way to both parties. Add them up. Subtract the lesser from the greater. The lesser pays the greater the difference, unless the difference is more than double the fees of the lesser. In that case, the lesser pays no more than double their fees to the greater. My justification for that is both sides are not blameless for this coming to a lawsuit like it has, so I don’t believe sticking all the cost on the one bring suit is fair. And since the merits haven’t been decided, all the costs on the defendant isn’t fair. This is an equitable exchange of court fees that limits the liability to the fees incurred by each individual, with an absolute cap on the party with the least amount in fees to double their fees.