Now I do not have a fancy dead sheepskin, but I like to think I know a tiny little bit about copyright law. I read the filings(s) until my head really started to hurt, that was 4 pages.
From my own skewed perspective this case adds to the evidence that we have to many lawyers willing to file cases they know are merit-less just to get paid. There is no actual downside to doing this, beyond a small slap of the wrist. All of the parts of the legal system that are supposed to punish these bad acts are more concerned with the appearance of the whole, so they never pursue those who give it a bad name... missing that allowing this sort of thing to continue strips away good appearance of the whole.
The citizens of this city need to ask the elected officials to be individually responsible for all of the costs from this bogus lawsuit. They need to start recall petitions, because these actions show they have contempt for those who they govern and the law. They will waste taxpayer money, when everyone always says there isn't enough money for needed services, on trying to silence someone who made them angry. How many other questionable lawsuits have they filed that just didn't get noticed? How much cash have they bled out of the taxpayers pockets trying to protect their image, and merely proving they are unfit for office.
They are supposed to be running a city, not filing lawsuits because someone said mean things about them.
something something ethics. something something rule of law. something something bar review. something something and that was the year we stopped allowing lawyers to provide self oversight and started taking the Bards advice.
Lawyers will do anything. Those charged with keeping them in line are more concerned with the appearance of the profession than taking one of these fools to task. Tis better to let stupid lawyers lawyer, than to take them to the woodshed. A majority of the time these are small in-house stories told over drinks at conventions... the problem is regular people are now paying more attention as they more and more find themselves the targets of this rabid legal minds.
If us regular folks were as getting as many passes as these lawyers are... Manson would still be on the streets.
Hopefully this complete failure to understand the law will draw much more focus on this court. Strike 1 - Whats this first amendment crap. Strike 2 - I'll just cite random laws, that do not apply and no longer exist. Strike 3 - I'll just have hearings and not allow people to be represented and demand they kowtow to my demands.
It would appear that this Judge needs a refresher course in the law, and given some of the information out there about this case and how long it has languished raises serious concerns about that entire court.
They expanded copyright because Disney freaked out that a character might enter the public domain and somehow manage to destroy their entire business. You think they care that the system has been ripe for the abuse we see here?
While there are copyright threats, one wonders if they were offered some access to pull it. Everyone knows that the claims are bogus, but playing a bit of hardball to get something else in exchange is a time tested plan.
"Do we have the public domain, or do we have the same laws across all countries just becuse the USA says so?"
The public domain is devoid of newer content. The real problem is the content industry in the US that is doing everything they can to expand US law and export it to other countries. In their minds, they need the entire world on the same copyright terms... the problem is they want terms that are like 3 human lifetimes. They are convinced that IP is super valuable, missing the simple concept that just holding it doesn't make them money they need to make it available. They tell these awesome stories to Congress about the billions of dollars they are not earning, and Congress is quick to act to 'save' this threatened industry, all the while ignoring the idea of a limited time & public domain.
If they could get the entire world on the same terms, I think it could be a good idea. It would end much of the stupidity that limits releases and causes windowed delays. They have managed to create a massive thicket of laws, rules, & general stupidity that is harming them.
I think copyright has been expanded to lengths that make no sense and serve no purpose other than to some beancounters who are sure that a million monkeys on a million typewriters might find that extra $22 million the content didn't earn in the first 50 years they had the exclusive rights.
On the upside, the content industry has actually run out of new ideas (look at the glut of remakes & sequels to really crappy movies). Because the new ideas they would turn into movies, have the same insane copyright limits & starryeyed dreams of those that hold them that they should have the right to get paid all of the money forever.
I'm sorry our content industry is trying to screw Oz over yet again, but hey you get Game of Thrones in the same year it was released now... so there is that.
Can we stop for a moment and discuss 2 more things that might have helped ensure his classification as a terrorist?
- Reporter for a news source that does not always sugar coat or kowtow to the spin required by the powers that be here. - He's brown enough.
If he is daring enough to actually speak with the terrorists, he might dare to report on those things that "we" are doing that we call horrific when the other guy does it. That kind of coverage is seen as a very dangerous weapon, giving people the full picture of what really is happening. The fashionable line used to be "They hate us for our freedom"... now after the reporting on the "collateral damage" (read growing body count of innocent people who dared to just be living their lives, unaware they were in the kill range of a missile fired a world away) that line lost its shine.
If we just add a designator to him in the system, we can just use the flawed system to support the idea he is a terrorist and try to discount what he reports. Sadly not everyone in the public will question the assignment of the designator, and those in the government blindly accept it because to dare to question leads to labels of terrorist lover/sympathizer.
Isn't it wonderful how blind & stupid people are about imaginary property rights? Because we can, we should... the lawyers told us to.
Now everyone stop looking at us, we issued our press release saying we stopped doing this... now run along and don't look into our profits, any agreements with sharing the content, or anything else that might expose how we keep this lucrative contract.
I do hope that they go back for criminal proceedings, because there then is a chance the victims of the crimes these lovely people committed might be made whole.
They defrauded the courts, and that has the courts all concerned... yet the fact their playbook included threats of actions not supported by the law to sway people into paying them off to go the hell away never made much difference.
We have lawyers today making threats about talking to the neighbors to work around protective orders that put their ability to trash the name of defendants on a short leash. These cases are a money machine, powered by misery and extortion and seeing Pretenda walking away with millions and maybe a slap on the wrists was not a deterrent. Steps taken to curb the abuses lead to larger abuses where the slap on the wrist they get for doing it doesn't offset the amount of cash they pull in.
Broken law is broken, the rules have been broken, it is well past time that this actually gets fixed. Peoples lives are turned upside down in the pursuit of cash not the pursuit of actually stopping infringers. They don't want to make it stop, because its a huge revenue stream assisted by the courts who seem ambivalent at best to the idea that maybe a lawyer might stretch the truth to get paid.
So in 3 years when Pretenda finally gets a day in court, and 2 years after that when all of the foot dragging is done, we might finally see them punished for their crimes... pity it takes that long to turn a lawyers life upside down when regular people are lucky to have mere months.
You missed that they sit under the same umbrella as the 6 Strikes outfit.
Thompson Reuters bought up a buncha of little snake oil wagons, repackaged the "elixir", and now roll into towns offering salvation & cures for the modern ailments... and have spectacularly failed multiple times.
What is actually worse, that someone might "misuse" a trademark in some unimportant way or that you get a media blitz about how your brand targeted the wrong people, went way to far, and made you and them look like inept idiots?
Because we rarely remember the 'ambulance chasers' they use to send scare letters names, but we do always remember that time they demanded HBO.com have pages delisted & removed because they "stole" content belonging to HBO. They can't even manage to generate any good buzz about Mark Monitor to offset the stupid, how are they still being hired?