"the basic problem is that nobody can deny that people are consuming / enjoying / collecting copyright material without paying for it."
You realize that the thieving bastards do Shakespeare in the Park?
Call the magazine CBS Sucks. I'll get a subscription.
Heh, fair point.
That I long for the day of inept reporters actually attempting to report something is both sad and telling.
Yeah, that seems to be a rather obvious backdoor attack.
Fortunately our Civil Servants will stand guard for the citizens!
"So many reporters contribute to massive misconceptions about patents by writing sentences like the one above."
That's true of pretty much every story, though. The problem is really that most reporters are generalists, hoping from desk to desk, rather than specialists who hone their skills in a particular area of expertise.
Technically correct (the best kind of correct!) but Todd went back to court because Neil was claiming ownership of characters he didn't actually create.
"Hope this helps at least two people above whom think like lawyers...."
I'm going to have to confiscate your Grammar Nazi card.
" Doesn't that make you feel safer?"
YES! YES IT DOES!
*nervous glance*
Doesn't much matter to me if it's fueled by greed, vengeance, malice or whathaveyou. I just think Neil is wrong in this one, just as Todd is wrong in the Miracle Man case.
"Did Gaiman create the character in a whole or did he create the character and someone else created the likeness?"
Gaiman wrote the Medieval Spawn character, but McFarlane did the illustrations. Neil claims it is a joint ownership.
The bigger stretch is his claim that any vaguely similar character is derivative of his creation, even though the existence of previous hellspawn was established early in the series.
"but the move by the jacket company is to profit not only from an appearance in the movie, but also to attach themselves to the movie and profit from the movies fame"
Isn't that what the movie did in using the jacket? Why is it a one way street?
First off, I love Neil and wish no ill on him.
Second off,
"Personally, I would not take sides against Neil Gaiman so quickly with the insinuation of hypocrisy fuelled by greed. He has already stated he would donate any proceeds to charity if he wins."
Dick move of rich guys. "I will burden you with legal fees, and if I win I will write a check to a charity which will make my beat-down on you seem like a nobel endeavor."
"... he presumably had a contract worked out with McFarlane, who was his employer; ..."
So, work for hire.
Next!
"But seriously, you win this round CHT. This round being the "What can I submit that would be geekier than technology patents or music law? Oh yeah! Comic books" Round."
Yeah, that's why I can look down my nose at Comic Book Guy.
"Do you understand the legal ramifications of your proposed mashup?"
"Whats next? RIAA doing a study that not going after record labels customers and reducing the price of a music download increases sales"
How does that help the RIAA?
That's the trick, collection societies only profit if they can collect. A lot. From everyone.
"to the extent practicable"
Yeah, I'm not going to bother with that. It's not practicable. I've got real work to do.
(Like that's ever going to happen.)
Re: Unique story/common object
What will really bake your noodle is when you realize that the stories are easily copyable.