Re:Google (Potentially) Blows the Door Off Oracle's Copyrigh...
by _delirium on Thursday April 26, 2012 @08:20PM
(#3896802)
On the last point, if the claim is dismissed due to the lack of registration, can't they just register and re-file the claim? Afaik dismissals of that sort are without prejudice. Is the concern the expense/delay that having to file over again would cause?
Therefore, once you create a qualifying work, you have a fully perfected copyright immediately. You just can't sue on that interest for infringement until you have taken the additional step of registering the copyright. You can, however, register at any time prior to filing an infringement action, even if that is many years after the copyright was created. For enforcement purposes, then, it is basically a 2-step process.
Oracle's problem is that it is at the tail end of a trial and has no ability at this point to do anything about registration. If Google is right concerning the motion, Oracle will be out of options on its copyright claims.