It's hard to see how CBS has any hope of an argument at all, no matter how they present it. If these works are in the public domain, then CBS is not harmed by their publication. No harm, no suit. Period.
That's roughly my view as well. If a character is in the public domain, then all incidental factors relating to that character should be unprotectable. The problem is "creative" is defined too broadly.
For instance, The Wizard of Oz. In the book the witch did not have a pointy hat, but in the movie she does. So the pointy hat is protected. In the book the slippers were silver, in the movie ruby red. It's insane that those details are protected. Yes, the ruby slippers have cultural resonance, but that too is an (entirely separate) reason not to protect them.
Protection should be limited to substantial creation, not minor details. Yes, I know the "substantial" is a minefield, but the courts decide questions like that all the time, and putting it in legislation would move the center of gravity to a more appropriate place.
Law enforcement has its opinions, but their interests have to fit into the greater context of what it means to be a free society. One of the things it means is that law enforcement's job is a little harder.
"Millions of illegal votes would require a conspiracy larger than all previous conspiracy theories combined."
Agreed that Trump does himself no favors when he wades into this scrum; however, this statement is obviously false. All that is required for millions of illegal voters to cast votes is a system that does not try very hard to stop them.
And guess what? We have such a system. We do virtually nothing to ensure all voters are legally entitled to vote. Your statement that the media would be all over it is a fantasy, you made it up. The president himself went on national television to encourage illegal voting. That's not private information, it took no sleuthing to find it, it's quite public and the media yawned.
I think that's Cushing's point. The Fake News scandal is itself fake, ginned up by the losers to avoid much needed soul searching. But Obama's stupid self-serving statements are not just the laughable whinging of a rejected president, they serves as fodder for authoritarian regimes wanting to suppress their own people.
That was the first thing I thought of. While it was vital that Hillary not become president in the face of her crimes, for the good of the nation, she should now be pardoned. Fortunately, Obama is used to geting away with dishonesty and has no problem arguing out of both sides of his mouth.
Exactly, Barack Obama is a man of no real accomplishment who has spent his life accepting awards and honors he has not earned. He has never shown more than a pedestrian intellect and an education with gaps that are shocking. (How many states are in the US?)
That's not surprising--the FBI is doing what it is in the nature of bureaucracies to do. And we, unfortunately, have to remain ever vigilant against it.
On a side note: "Long before Sarah Palin was keeping an eye on pesky Russians from the governor's mansion..."
Sarah Palin never said that, Tina Fey said that while playing Sarah Palin on Saturday Night Live. I do wish you people would get off the politics. Your thing is technology issues from a somewhat libertarian perspective. Every time you venture into partisan politics, you reveal yourselves to be ignorant and stupid.