$1 Trillion Copyright Infringement Lawsuit Against Oprah Dismissed

from the well,-phew dept

We've seen all sorts of bizarre copyright claims over the years, but I can't recall anything quite like this. Apparently, Oprah Winfrey was sued by some poet for $1 trillion, claiming that the TV talkshow star had ripped off a poem. One would hope that his poetry is better than his legal skills, as the lawsuit was quickly dismissed, noting that the poet failed to register a copyright on his poems, and a prerequisite before a copyright infringement lawsuit is to have the works registered. While it's never good to support bogus litigation, it's difficult not to wonder how this guy planned to substantiate the $1 trillion number. Even the big shots in the RIAA and MPAA don't go that far...
Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: copyright, oprah, poetry


Reader Comments

Subscribe: RSS

View by: Time | Thread


  • icon
    Chronno S. Trigger (profile), 11 Aug 2009 @ 6:24am

    general question

    If one cannot sue someone for copyright infringement without registering the work first, why do we have an opt out copyright system? What is the point of having an automatic copyright if you can't use it to defend the work?

    Not saying I agree with ether side, just asking.

    link to this | view in chronology ]

    • icon
      ChurchHatesTucker (profile), 11 Aug 2009 @ 6:30am

      Re: general question

      "What is the point of having an automatic copyright if you can't use it to defend the work?"

      You can still make them take it down, you just can't get damages. It's purely an anti-free speech measure.

      link to this | view in chronology ]

    • icon
      The Infamous Joe (profile), 11 Aug 2009 @ 6:30am

      Re: general question

      Here's the scoop, as I understand it: Your works are automatically copyrighted upon creation, but to enforce it, it has to be registered. After registration, you may enforce your copyright, not from the time of registration, but from the time of creation.

      I know, it makes absolutely no sense, but that's the way it is.

      link to this | view in chronology ]

      • icon
        aguywhoneedstenbucks (profile), 11 Aug 2009 @ 7:08am

        Re: Re: general question

        So he could go register it right now and as long as he could prove the creation date was before she used it he could try to sue her again?

        link to this | view in chronology ]

        • icon
          The Infamous Joe (profile), 11 Aug 2009 @ 7:19am

          Re: Re: Re: general question

          As I understand it, yes. Of course, I'm no expert, so I could be way off base. Any actual legal advice should come from your friendly neighborhood IP lawyer.

          link to this | view in chronology ]

          • icon
            aguywhoneedstenbucks (profile), 11 Aug 2009 @ 8:17am

            Re: Re: Re: Re: general question

            No, no, I am taking it as legal advice! YOU GAVE ME LEGAL ADVICE! DON'T YOU DARE TAKE IT BACK NOW! I ALREADY STARTED MY LAWSUIT BASED ON THE LEGAL ADVICE YOU GAVE!

            link to this | view in chronology ]

        • identicon
          Stuart, 11 Aug 2009 @ 8:32am

          Re: Re: Re: general question

          Yes.

          link to this | view in chronology ]

      • icon
        Cyanid Pontifex (profile), 11 Aug 2009 @ 7:28am

        Re: Re: general question

        That sounds Ex Post Facto to me.

        link to this | view in chronology ]

  • identicon
    John M, 11 Aug 2009 @ 7:06am

    Here is a decent, short, rundown on Copyright law http://www.sfwa.org/beware/copyright.html

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 11 Aug 2009 @ 7:07am

    Here's a poem for you... ahem....

    Poetry is a bird turd on the shoulder of the Statue of Liberty.

    Copyright 2009. All rights reserved. Can you spare some change?

    link to this | view in chronology ]

  • icon
    minijedimaster (profile), 11 Aug 2009 @ 7:08am

    Dr Evil Voice "One Trillion Dollars"

    link to this | view in chronology ]

    • identicon
      Yakko Warner, 11 Aug 2009 @ 7:58am

      Re:

      I was going to say, not only do the *AA not go that far, but Dr. Evil didn't go that far. He was holding the world hostage, and he only asked for a hundred billion.

      link to this | view in chronology ]

    • icon
      Chargone (profile), 11 Aug 2009 @ 9:24am

      Re:

      glad to see i wasn't the only one who thought of that right off the bat.

      link to this | view in chronology ]

  • identicon
    Anonymous Coward, 11 Aug 2009 @ 7:11am

    When you have a tank full of sharks with frigin' laser beams on their heads then 1 trillion seems reasonable.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 11 Aug 2009 @ 7:18am

    I know artists tend to have a few screws loose but I'm thinking a few bolts were missing to think 1 Trillion would fly.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 11 Aug 2009 @ 7:19am

    publicity stunt

    link to this | view in chronology ]

  • identicon
    NullOp, 11 Aug 2009 @ 7:22am

    Hey!

    If your work is worth a TRILLION bucks you better well have damn copyrighted it! Automatic copyright my @ss...

    link to this | view in chronology ]

  • identicon
    casual bystander, 11 Aug 2009 @ 7:23am

    Hmmmm.....

    I suspect the lad was trying to get a settlement for, say, a million. Which I'm sure he would have settled for!

    link to this | view in chronology ]

    • identicon
      iNtrigued, 11 Aug 2009 @ 7:56am

      Re: Hmmmm.....

      I'm no lawyer, but isn't this considered extortion? Couldn't she just turn it around on him and get him thrown in jail?
      I mean this is Oprah we are talking about hear, she probably has lawyers on payroll.. hell, she probably has a judge on payroll.

      link to this | view in chronology ]

      • identicon
        Anonymous Coward, 11 Aug 2009 @ 9:05am

        Re: Re: Hmmmm.....

        > I mean this is Oprah we are talking about hear, she probably has lawyers on payroll.. hell, she probably has a judge on payroll.

        I believe she has Jesus on her payroll.

        link to this | view in chronology ]

  • identicon
    Dr. Taggert Bane, 11 Aug 2009 @ 8:00am

    Coping with disbelief

    $1T is a large number and it's possible that this man suffers from an acute case of I.D.S. or

    Irrational
    Disbelief
    Syndrome

    Please see our website for more information, and potential treatments that can be discussed with your doctor.

    Coping With Disbelief

    Thank you,

    Dr. Taggert Bane

    link to this | view in chronology ]

  • identicon
    PRMan, 11 Aug 2009 @ 8:17am

    1 Trillion?

    "it's difficult not to wonder how this guy planned to substantiate the $1 trillion number"

    Easy. Maybe Oprah made 200 copies and handed it out to her audience for free. According to the RIAA's logic, that should easily top $1 trillion.

    link to this | view in chronology ]

  • identicon
    will, 11 Aug 2009 @ 8:21am

    bad math

    The author has a big ego and no math skills. He claims she sold 650 million copies of his poetry online for $20 a pop and he wants the 1.2 Trillion dollars she got.

    He either doesnt realize that 650 million x 20 is only 1.2 Billion. Or maybe he was going for the 1000 fold RIAA penalty assessment.

    Personally I dont understand why he doesnt sell his own work online if he believes that many people want to read it.

    link to this | view in chronology ]

    • identicon
      MathKing, 11 Aug 2009 @ 9:23am

      Re: bad math

      Hate to correct you but.......

      650M x 20 is 13 Billion. 650M x 2 is 1.3 Billion.

      Still trying to figure out how in the hell he got to 1T... Must be an RIAA lawyer...

      link to this | view in chronology ]

  • identicon
    Bradley Stewart, 11 Aug 2009 @ 8:23am

    That Must Be Some Poem!

    Come on Opera be a sport. You have plenty of money. What's a measly Trillion Dollars to you. Just pay the guy.

    link to this | view in chronology ]

  • icon
    Pathetic (profile), 11 Aug 2009 @ 8:39am

    Can someone say abuse of a gullible press? It's a ludicrous claim, but for a couple of days this poet is going to get more exposure than they've ever had in thier lives.

    Anyone checked sales volume on Amazon for thier book(s)? Want to bet it spikes over the next couple of dats?

    link to this | view in chronology ]

  • icon
    R. Miles (profile), 11 Aug 2009 @ 9:35am

    The math is...

    Even the big shots in the RIAA and MPAA don't go that far...
    Forcing someone to pay $1.2 million, when they don't have it, might has well been $1.2 trillion. Either way, it's still an asinine amount over a copyright issue.

    link to this | view in chronology ]

  • identicon
    Pete Austin, 11 Aug 2009 @ 10:23am

    $1.2 trillion = $20 x 60 million.

    $20 = price per copy
    60 million = Oprah's viewers(?)

    Based on this link (which gets the math wrong):
    http://www.digitalspy.co.uk/showbiz/a170375/winfrey-sued-for-one-trillion-dollars.html

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 11 Aug 2009 @ 10:35am

    You expect a poet to be good at math?

    link to this | view in chronology ]

  • identicon
    Dr. Kopp E. Wright, 11 Aug 2009 @ 5:07pm

    Pick a number....any number...

    I think that I shall never see
    a talk show host richer than Ophrah on TV
    who slipped in a little rhyme....
    now someone wants her to do time!!
    When is deminimis gonna remind the folk
    that using a few of the same words is no crime...its a joke
    Oprah you got off lucky....
    if young Shakespeare would have Copyright Office Registered...
    it might not have been so ducky! :-)

    link to this | view in chronology ]

  • identicon
    joe jones, 12 Aug 2009 @ 2:11pm

    need to get away

    see my name...

    link to this | view in chronology ]

  • identicon
    jons action figures, 31 Mar 2010 @ 11:43am

    Poets and math

    Poets and math: Felix Dennis, one of top $$$ guys in the UK, that must count for something.

    link to this | view in chronology ]


Follow Techdirt
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Discord

The latest chatter on the Techdirt Insider Discord channel...

Loading...
Recent Stories

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it
Close

Email This

This feature is only available to registered users. Register or sign in to use it.