What you’re saying is true. However, there’s a difference between concept & execution. Companies such as Nintendo, for example, defend their IP across borders all of the time. Nobody’s disputing that basic fact. However, not everybody has the resources, time, or justification to follow in their path. Doubly true if it comes to litigation.
- If you’re a freelancer who is living hand to mouth, there’s a good chance that taking a meeting with a lawyer is outside of your budget. Not everybody can hire a lawyer. (You CAN freely procure legal assistance in some cases, but that’s not universally true across the board.)
- If the thief is an entity (ie. a company), they could use the system to their advantage and just drag it out until you’re out of money and can’t pursue your claim further. Even if they didn’t game the system, these things can drag out over time simply due to the nature and strength of your claim.
- One has to also consider the cost-benefit ratio. You might easily spend thousands defending a piece that only earned your hundreds. Defending your IP is never wrong, but defending it at such high expense when its value is so small (comparatively) has to be a personal consideration.
Do you have the money to sue? Can you afford to be in it for the long haul? Are you willing to spend more than it’s worth? Only you can answer those questions.
The fact is, IRL, things get infinitely more complicated once you pass the C&D or take down phase of things. If it comes to a point where you have to engage lawyers or courts for any period of time, you’re going to have to make some hard choices. Plus, as the saying goes… You can sue, but can you win? You can win, but can you collect? You can collect, but was it worth it? (Some of these wins are truly hollow & Pyrrhic in nature.)
It IS a complex issue. I agree. 100% Seeking formal legal guidance is always preferable to asking an internet full of opinionated, non-lawyer schmucks.
ANYWAY… This is just my opinion.