AMC claims that spoilers (and even predictions) of its show, The Walking Dead, infringe copyright. As spoilers are other people's descriptions of something they've seen, in their own words, this would put all unauthorized reviews and commentary in the same boat. But that hasn't stopped it issuing legal threats to fans.
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AMC finally reached out to us! But it wasn’t a request not to post any info about the Lucille Victim or any type of friendly attempt at compromise, it was a cease and desist and a threat of a lawsuit by AMC Holdings, LLC’s attorney, Dennis Wilson. They say we can’t make any type of prediction about the Lucille Victim. Their stance is that making such a prediction would be considered copyright infringement. AMC tells us that we made some claim somewhere that says we received “copyright protected, trade secret information about the most critical plot information in the unreleased next season of The Walking Dead” and that we announced we were going to disclose this protected information. We still aren't sure where we supposedly made this claim because they did not identify where it was. ...
Basically what it all comes down to is if we post our Lucille Victim prediction and we're right, AMC says they will sue us. Whether there are grounds for it or not is not the issue, it still costs money to defend. That is the way our justice system works. Would we have defenses? Sure. But it also costs money to mount that defense.
An analysis from USA Today finds that Republican presidential nominee Donald Trump is currently involved in 3,500 legal actions. Who else is involved? Everyone from the government to vodka makers. This number is unprecedented in scope for any presidential candidate in U.S. history, and likely far too many for the entire American press corps to really get down to the bottom of, in time for voters to determine what that means for their choice in November.
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Billionaire Pierre Omidyar "steps into the ring" in the long-running legal fight over privacy and journalistic freedom, fought lately between Hulk Hogan and Gawker Media. The intervention, on Gawker's side--Omidyar is himself a media man, now--came after it turned out billionaire Peter Thiel was secretly funding Hulk's suit.
Alternative subtitle: "No matter who wins, we news."
Cast it in the comments. I'm thinking Kenneth Branagh as Denton, Michael C. Hall as Thiel, Christopher Lambert as Omidyar, Hulk Hogan as Terry Bollea, and any random carnie as Hulk Hogan. Read the rest
Why would billionaire Peter Thiel want to bankrupt Gawker? That's the question circulating today, after Forbes reported that Thiel secretly backed Hulk Hogan's high-profile lawsuit against Nick Denton's publishing empire.
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In 2001, a Mississippi chicken breeder claimed a lumber company inflicted $300,000 worth of damage to his pasture. The New York Times' Brett Weiner dramatized a bizarre deposition from the lawsuit, using dialogue completely verbatim to the official transcripts.
From the original story:
As I research legal transcripts for the Op-Doc video series “Verbatim,” I search for unusually worded arguments and objections that tell us something about our judicial process. The transcript dramatized for this latest episode hooked me when I read how a plaintiff explained himself to a roomful of captive lawyers, telling them simply: “Because I follow the chicken.”
The case involves a plaintiff suing a lumber company for damaging his land and chicken coop. As the deposition goes on, the plaintiff answers simple questions with increasingly absurd non sequiturs, which become immortalized in the legal record.
Because the “Verbatim” series is about reinterpretation, I don’t try to recreate the body language and tone of voice used during the actual deposition. Instead, I use the transcripts as the basis for a heightened atmosphere — and a film that expresses a point of view about our legal system.
Fortunately, these “Follow the Chicken” transcripts are a wonderful starting point for my approach
See also "Photocopier," wherein the Cuyahoga County Records department was sued for charging $2 per page and a staffer played dumb over whether or not he knew what a photocopier was.
(The county lost) Read the rest
The critically acclaimed War Is Beautiful: The New York Times Pictorial Guide to the Glamour of Armed Conflict examines the ways in which the newspaper happily propagated the Bush Administration's lies about weapons of mass destruction in Iraq that resulted in a senseless war that hurt millions of people and immensely enriched Halliburton, Blackwater, the Carlyle Group and other companies with close ties to the Bush and the Cheney families.
As Ben Collins of the Daily Beast writes, "The book makes an artful, journalistic point: Photography on the front page of the paper of record depicted the conflict in rosy, gorgeous, cinematic ways, like the first scene in Apocalypse Now." And the book's author, David Shields bought the rights to use all the photos in the book. Why then, is the The New York Times suing the publisher for $19,000? Because the inside back cover of the book is decorated with 64 thumbnail photos from the front pages of the NYT.
“We didn’t expect we’d have a First Amendment fight,” Daniel Power, owner of Powerhouse Books told The Daily Beast. “Plus, we licensed the damn images and compensated these photographers for their work.”
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Now, the paper contends, they’re just trying to collect an invoice for $19,000, even though this is almost definitively a textbook case of fair use. Thumbnails of copyrighted materials were protected speech, dating back to a very specific case just like this one about Grateful Dead posters ten years ago.
“Licensing content is not ‘quelling speech,’” said Rhoades Ha.
Four production assistants are suing Paramount because they say the studio did not pay them minimum wage, forced them to work "round-the-clock," and didn't provide a toilet during the shooting of big budget movies like Wolf of Wall Street, so they had to use bottles instead.
From Los Angeles Times:
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The workers acted as parking production assistants to keep filming sites clear of pedestrians and cars, and to protect the production vehicles and equipment on set, according to the suit.
Paramount and the other defendants paid the workers $140 to $160 for each 12-hour shift, the suit says. However, the plaintiffs routinely worked 60 to 100 hours a week without receiving overtime compensation, according to the complaint.
A 16-pound pine cone fell on Sean Mace's head in San Francisco, and crushed his skull.
He is suing the U.S. government, the National Park Service, the Department of the Interior, and the San Francisco Maritime National Historical Park for $5 million.
(Image: Rodmunch99/Wikimedia. Bunya cone from Cumberland State Forest, Sydney, NSW, Australia on 28th January 2012)
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Noel Lee says he invented the headphones that are marketed by Beats by Dr. Dre. In May 2014, Apple paid $3 billion to buy Beats by Dr. Dre.
Dr. Dre and music producer Jimmy Iovine got most of the proceeds of the sale and Lee got $0. Now Lee is suing for at least $150 million. Lee is the founder of Monster Cable, a company with an obnoxious reputation for threatening to sue any company that uses the word "Monster." I can't help feeling a bit of schadenfreude towards Lee, who has made many people miserable by hitting them with time- and money-wasting legal threats.
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In 2007 a 16-month-old toddler swallowed candy-colored Aqua Dots beads and lapsed into a coma. It turned out the beads were manufactured with a coating that dissolves into GHB, an illegal drug in many countries. The child's family sued the companies that designed distributed the toys, and was awarded $435,000.
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Spin Master and Moose’s lawyers blamed a Chinese company that made the toy on an outsource basis for secretly spraying the beads with a chemical that metabolizes into GHB. That Hong Kong-based manufacturer wasn’t named as a defendant in the case because it doesn’t do business in the U.S.
A lawsuit, filed by the Association of Flight Attendants claiming that the Federal Aviation Administration acted improperly in allowing passengers to use gadgets during takeoff and landing, was killed by a DC appeals court.
If it seems odd that flight attendants would hate passenger-mollifying entertainment boxes, Ars Technica's Cyrus Farivar explains that it was really about how much leeway the FAA has to change fight rules without consultation. From the AFA's filing:
"When an agency proposes a controversial change in a rule that affects public safety, it must be made through the proper rule-making process, with the opportunity for public notice and comment. In this instance, Respondent circumvented the rule-making process and in doing so, failed to provide clear policyor guidance for securing and stowing [personal electronic devices] and failed to provide a study showing that PEDs held in hand or held in a seat back pocket would remain secure."
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More than 100 Americans die each day from prescription drug overdoses, mostly painkillers. That's more daily deaths than from car accidents, gunshot wounds, or suicides.
In California, two county District Attorneys are suing five of the biggest drug companies in the world, and the lawsuits include the same kind of arguments once used against big tobacco industry, demanding "public protection."
Warren Olney's "To the Point" radio show has a segment on the topic today:
The companies are accused of a "campaign of deception" to persuade doctors that narcotic painkillers are safer than they really are. But the narcotic painkillers involved have been approved by the FDA. Is a government agency helping create a "population of addicts?" What's the role of physicians who write the prescriptions? Are they ill-informed, poorly trained or trying to make money?
More on the case at advocacy group harmreduction.org
, and there's a Los Angeles Times writeup here
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So goes the story, as Australia's tabloids have it, in their outrage-fueled denunciation of a frivolous lawsuit. Turns out, though, that the horse also crushed the guy's foot and kept him out of work for six weeks
. How about that! [Adelaide Now] Read the rest
Two and a half years ago, James Siddle moved to London for a new job; in two weeks time, he'll be moving out to a small town in the country, defeated.