I wish I was actually, I've seen several comments and even an article on this site where that idea is brought up, that unless money is changing hands fair use doesn't exist.
The fact that fair use doesn't even remotely require payment, and in fact is directly contradictory of the idea behind fair use, is apparently beyond those that make that argument, but that doesn't stop them from doing so.
I suppose the bit that makes the 35% cut look particularly bad to me is the transfer of the copyright over the story.
If it was instead a license or something similar, where Amazon was legally allowed to act as seller, but the author still retained all other rights over the story, I wouldn't consider that too bad of a deal, it's just as-is writers would basically be handing over the rights to their works for nothing more than the potential of profit in the future.
So a fanfic writer basically sells away the rights to their creation for a max of a 35% cut of the profits, doesn't get any advance or anything like that, and amazon gets both copyright and the lion's share of the profits... sounds like a steal alright, but most certainly not in favor of the writer.
Moreover, and perhaps more worrisome, I can easily see the 'the only fair use is paid use' lot using this to attack derivative works where the character's/settings aren't licensed, by insisting that now a system is in place where you can pay to use the characters and settings in a derivative work, that means you have to do so, otherwise you're 'stealing from the original writer(s)'.
As stupid a move as I find trying to squeeze funds out of three very large companies to be, a possible side-effect from something like this is that any argument made, either by the government or the companies, against this instance of 'pay me or get sued' would also work just as well against patent trolls, and anything that makes their lives more difficult is all for the better.
Given that I can't think of a single group offhand other than patent trolls or those using shell companies to sue without repercussions, will be interesting to see who exactly steps up to attack this proposal.
Given the confusion regarding Cooper, and the fact that she originally thought he was involved in the entire mess rather than a victim of it, I almost have to wonder if she was reading Wright's filling fully for the first time while in the court room, and had just skimmed it beforehand.
Disappointing that she didn't award any fees to Cooper/Godfread, but I have to imagine that the fact that she plans to pass the case file to what I assume is the agency in charge of the lawyers of the state has got to have the Prenda gang quite worried, as a more thorough investigation into their actions is the last thing they want.
Yeah, having something hovering in the yard, looking through a window of a house via camera... he calls it 'research', I'd call it voyeurism, no different than if he'd sneaked up and peeked through the windows directly.
The 'spray it with water' idea isn't so much frying the circuits, as it is 'knocking it out of the air with the water pressure by throwing it off balance'.
Punishment for wrongdoing in one case does not keep someone from being punished for other wrongdoing in other cases, so I fail to see how any judgements handed out by other judges would impact Wright's ruling/actions in the slightest.
'Substantially complied'? All they did was point at each other and said 'he did it!' while looking confused that they could possibly know anything, and the judge considers that complying with an order to show the original signature in a potential fraud case? Talk about non-existent standards.
Criminals must love this guy...
Judge: 'For your actions I sentence you to 30 hours of community service.'
Defendant: 'I helped someone mow their lawn yesterday.'
Judge: 'Eh, close enough, you're free to go.'
Well, yes and no. Yes this time Prenda got off with basically a slap on the wrist, but given how angry the judge seems to be with what they were doing, I imagine if any of them ever show up in her courtroom in the future, they'll be lucky to get away with skin intact.
That said I do agree with you, they were insanely lucky this time around, and they really should have been hit much harder than this for what they were being accused of doing.