[F]or reasons that aren't entirely clear, the two publishing companies -- Scorpio Music and Can’t Stop Productions -- who are fighting the attempt by The Village People's Victor Willis to terminate the assignment -- chose to drop the work for hire claim ...
Perhaps because work for hire is an untenable argument that can be thrown into an out-of-court argument, but would be suicidal to actually claim as it dilutes any actual arguments.
How on earth would a label prove they controlled the "manner and means of production" when that involves songwriting, arranging, and all sorts of work long before it hits the studio. (Ahh, they might say, but it's like a commissioned work. We had an album deal, which we commissioned. Er, not. You didn't commission a jingle to sell widgets. You didn't say, we need song about flowers for track 3, one about "busting a cap" for track 9 ....)
Fun bit is a trademark cannot be baldly transferred. The listing therefore correctly notes that the transfer includes "U.S. Trademark Registration No.: 3,948,912 along with any and all goodwill associated therewith."
Transfer of goodwill has to go with the mark. So... since almost by definition there is no Righthaven "goodwill" to transfer, would the transfer then be void?
When we sit around my house searching to find out which famous people are Jewish, we always search "Jewish" capitalized, never just "jew" because that would be ignorant and insensitive.
Restorative Justice could still work in this case. Having gotten the FB page removed as desired, parties could take it out of court into restorative justice ADR - staying the case pending resolution so nobody forgets there's a lawsuit and blows the restorative part off.
But then, we just learned what a pirate apologist you are, so how can we trust your opinion on a totally unrelated subject? [Emoticon]
"...many, if not all, of these patents were acquired by Facebook for purposes of retaliation against Yahoo! in this case."
I'm guessing my patent lawyer friend would say , "And...? So...?" just like the Court.
Yahoo! brings a sour-grapes suit, then complains when it comes back at 'em. I've personally been laughing about this since I saw an article elsewhere last Friday.
This site too often reminds me of Dr. Strangelove. In this case: "Yes, but the... whole point of the doomsday machine... is lost... if you keep it a secret!"
Um, what's the significance of stressing "semi-automatic" (in the quoted article)? Pretty much all US cops everywhere carry a semi-automatic sidearm ... Did he mean assault rifle? Something other? Just saying.
Bigtime! Like how most of the spam just came from a few mega-spammers, apparently the majority of DVD bootlegging is due to this syndicate of one.
The man is taking American jobs! By the hundreds of thousands! Killing our economy! Worst. Pirate. Ever.
He's a thieving, pirate, traitor (meaning the appropriate punishment should be cutting his hands off, making him walk the plank, then beheading him, respectively).
The lawyer who filed this suit sent an overreaching C&D letter to a girl who runs a charity pay-it-forward, be-nice-to-people site, threatening all sorts of bad if the girl didn't turn over the domain to the lawyer's client (who had a blogspot Melaleuca blog by the same name ... er, different market). That's right, despite having no legally cognizable claims, bullying a site dedicated to helping people.
I seriously thought the lawyer was just a shameless bully, but now...
On the post: Key Ruling In The Fight Over Artists Getting Their Copyrights Back Suggests The Labels May Be In Big Trouble
Re: Of course I'm for helping artists, but why do you care?
On the post: Key Ruling In The Fight Over Artists Getting Their Copyrights Back Suggests The Labels May Be In Big Trouble
Perhaps because work for hire is an untenable argument that can be thrown into an out-of-court argument, but would be suicidal to actually claim as it dilutes any actual arguments.
How on earth would a label prove they controlled the "manner and means of production" when that involves songwriting, arranging, and all sorts of work long before it hits the studio. (Ahh, they might say, but it's like a commissioned work. We had an album deal, which we commissioned. Er, not. You didn't commission a jingle to sell widgets. You didn't say, we need song about flowers for track 3, one about "busting a cap" for track 9 ....)
On the post: Bad Lawsuit, Worse Timing: Beastie Boys Sued Over Infringing Samples On Seminal Albums
Re: Re: Re:
On the post: AT&T Argues That More Competition Is Bad For You & Leads To Higher Prices
Re: Re: Re: Re:
At least then the prices would be high due to bureaucratic incompetence, rather than outright malice. Easier to swallow.
On the post: More Righthaven IP Up For Auction, Including The Name Righthaven
Re: auctions end May 3
Transfer of goodwill has to go with the mark. So... since almost by definition there is no Righthaven "goodwill" to transfer, would the transfer then be void?
Har.
On the post: Google Sued Because Some People Wonder If Jon Hamm Is Jewish
On the post: Does It Makes Sense To Charge Kids & Their Parents With Libel For Online Bullying?
Re:
But then, we just learned what a pirate apologist you are, so how can we trust your opinion on a totally unrelated subject? [Emoticon]
On the post: Does It Makes Sense To Charge Kids & Their Parents With Libel For Online Bullying?
Re:
$5 says the suit is dismissed before too long.
On the post: Law Professor: Megaupload Prosecution A 'Depressing Display Of Abuse Of Government Authority'
Re: Re: Re: Re:
On the post: Yahoo Says Facebook's Countersuit Doesn't Count Since Facebook Bought Its Patents
So...?
I'm guessing my patent lawyer friend would say , "And...? So...?" just like the Court.
Yahoo! brings a sour-grapes suit, then complains when it comes back at 'em. I've personally been laughing about this since I saw an article elsewhere last Friday.
On the post: Patent Office Exploring Keeping Patents Secret If They're 'Economically Significant'
Re:
On the post: Wikileaks Truck Owner Arrested For Photographing Police; Told It Was Because He Was 'A Dick'
Re:
Sure, in the same way they're allowed to arrest you for taking photos in public ... and if "sure" means "no."
On the post: Wikileaks Truck Owner Arrested For Photographing Police; Told It Was Because He Was 'A Dick'
On the post: Prolific DVD Bootlegger Is 92 Year-Old WWII Veteran
Re: Re:
The man is taking American jobs! By the hundreds of thousands! Killing our economy! Worst. Pirate. Ever.
He's a thieving, pirate, traitor (meaning the appropriate punishment should be cutting his hands off, making him walk the plank, then beheading him, respectively).
On the post: Hasbro Offers Nerf Blogger Free Samples, Sends Lawyers And Investigators Instead
bastards
On the post: Author Discovers Assassin's Creed Uses Same Cliche'd SciFi Trope As His Book... Sues For Infringement
I have dealt with this lawyer...
I seriously thought the lawyer was just a shameless bully, but now...
(The girl kept her domain.)
On the post: Facebook Blocking Stories About Richard O'Dwyer's Fight Against Extradition To The US
Re: Re: The New Orwellian Paradigm
Thanks for the heads-up on DuckDuckGo. I need to escape the bubble for work purposes more often than not.
On the post: Verizon Sued For Promising Faster Broadband Than It Could Deliver
Re: Re: ^.'
On the post: Verizon Sued For Promising Faster Broadband Than It Could Deliver
"Nothing over $.99 and up"
On the post: US Gov't Says Megaupload Shouldn't Be Allowed To Use Top Law Firm It Hired For Its Defense
Re: good news
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