My international law professor in law school was from Germany (although she obtained her law degree from France).
She used to deride our (the United States') common law system where courts could simply make up laws. She'd always ask why US courts couldn't simply enforce the statutes as written.
I'd love to ask her what she thinks of this decision.
Yeah, but I could give a .gif file a .jpg extension and most photo programs would open it. There is nothing in the extension that gives the file its particular lossy compression. That's nothing more than an identifier in Windows.
The main problem with all IP treaties is that copyrights and patents are government granted monopolies. Accordingly, governments should not forced or compelled to grant such monopolies. Treaties such as the ACTA turn such monopolies into a mandated inflexible right.
I just came up with a great solution. If CBS can create a magazine out of a TV show merely by calling it a magazine, then 48 HR magazine should turn themselves into a food product merely by referring to itself as a condiment. I'd pick mustard, by ketchup is more popular.
There would certainly be no confusion between a pretend magazine and a pretend bottle of ketchup, right?
So all this time I've been watching TV news, I've actually been reading magazines?! You seriously think there's not difference between a news show you watch and listen to and a magazine you pick up and read?
"That's not a magazine or about the news."
What about CBS's mystery show called 48 hours. The film involved a mystery. Thus, CBS should be sued, right?
"There is a clear overlap and there certainly could be a likelihood of confusion"
You honestly think people would confuse a hipster magazine for mystery show (or is it CBS' news show also named 48 hours?!)?
And as someone else pointed out, what about the movie 48 hours. Does CBS infringe on that trademark? Clearly if you can confuse a magazine with television show, you could easily confuse a television show with a feature film, right?
What if a business, which was closed for two days, put a sign on their door, closed for 48 hours. Could CBS sue the store too?
What happened to the real mike? What did you do to him?!
Let's face it, Chartier is a nut. When was the last time a movie producer was refused entry into the Oscar ceremony? Especially considering his movie won during that ceremony. He's obviously not gaining any friends in Hollywood. He's not gaining any friends among his "fans." You know you're in trouble when your only friends are lawyers.
As you've said a million times Mike, they did not need this exception to break DVRs to show movies earlier. That reason has always been complete BS. The reason they've been fighting for this exception (and will continue to fight to enlarge it) is because they've hated the Sony v Universal decision from day one.
It took over two and a half decades, but to Hollywood, it was worth it.
Avatar was not remake of Ferngully anymore than it was a remake of Pocahontas. The ideas were the same, but that's true of nearly all movie. If you can think of one completely original successful movie please name it.
Let's assume her account was "a completely separate account" from her husband. And let's assume that despite the "completely separate account" her mobile provider lumped her bill with her husband's bill.
You suspect that this alleged error violated her privacy and that she has a "real case here."
My question, what Canadian statute are you relying on? I.e., the statute which states that companies cannot combine bills sent to one household.
And of course she should sue the company which manufactured the paper, the printer who printed out the bill, and Canada's postal system for mailing it. And anyone who taught her husband how to read.
"Hollywood needs remakes as they seem unable to make a movees that doesn't involve some black guy with a gun, drugs and sex."
Exactly what movies are you talking about? Avatar? The Dark Knight? Iron Man 2? The Hurt Locker? The Spy Next Door? Where the Wild Things Are? The Fantastic Mr. Fox? Star Trek? (500) Days of Summer? Invictus? Harry Potter and the Half-Blood Prince? Paranormal Activity?
I think Viacom wants this sort of screwed up system. It has the resources to fight when it wants and license when it needs to. However, a new up and coming director or studio is completely screwed. They have to license everything that goes into their movie.
Like I've said before, copyright is not about protecting the works, it's about protecting and enlarging the monopolies and propping up the status quo.
"Apparently this particular participant in the flash mob tried to slide down a guard rail, but missed, and fell off a bridge to his death"
It's strange how when the heard gets thinner, it also gets stronger. Weeding out the idiots is a good thing. Now if we could only get rid of that idiot cop.
On the post: German Court Effectively Opens The Floodgates By Saying Software Patents Are Legal
She used to deride our (the United States') common law system where courts could simply make up laws. She'd always ask why US courts couldn't simply enforce the statutes as written.
I'd love to ask her what she thinks of this decision.
On the post: Court Says File Extensions Not Eligible For Trademarks... Sorta
Re: Re:
On the post: Court Says File Extensions Not Eligible For Trademarks... Sorta
Can someone please explain how using a file extension could violate patent law?!
On the post: Obama Reiterates Support For ACTA, As More People Point Out How Far ACTA Is From The Purpose Of Copyright
On the post: 48 Hours (TV Show) Gets Upset At 48 HR (Magazine)
Re: Re: Re:
There would certainly be no confusion between a pretend magazine and a pretend bottle of ketchup, right?
On the post: 48 Hours (TV Show) Gets Upset At 48 HR (Magazine)
Re: Re:
"That's not a magazine or about the news."
What about CBS's mystery show called 48 hours. The film involved a mystery. Thus, CBS should be sued, right?
On the post: 48 Hours (TV Show) Gets Upset At 48 HR (Magazine)
You honestly think people would confuse a hipster magazine for mystery show (or is it CBS' news show also named 48 hours?!)?
And as someone else pointed out, what about the movie 48 hours. Does CBS infringe on that trademark? Clearly if you can confuse a magazine with television show, you could easily confuse a television show with a feature film, right?
What if a business, which was closed for two days, put a sign on their door, closed for 48 hours. Could CBS sue the store too?
What happened to the real mike? What did you do to him?!
On the post: Hurt Locker Producer Says That Criticizing His Plan To Sue Fans Means You're A Moron And A Thief
Re: TAM?
On the post: Hurt Locker Producer Says That Criticizing His Plan To Sue Fans Means You're A Moron And A Thief
On the post: Australian Gyms Dumping Pop Music After Massive Increase In Royalty Rates
On the post: Remember How Hollywood Promised Lots Of New Content If It Could Break Your TV/DVR? Yeah, That's Not Happening...
It took over two and a half decades, but to Hollywood, it was worth it.
On the post: Hollywood's Passion For Movie Remakes May Run Into Copyright Problems... Created By Hollywood
Re: Re: Re: Re: Remakes
On the post: Woman Sues Mobile Phone Provider, Because Consolidated Bill 'Revealed' Her Affair
Re: Like it or not...
You suspect that this alleged error violated her privacy and that she has a "real case here."
My question, what Canadian statute are you relying on? I.e., the statute which states that companies cannot combine bills sent to one household.
On the post: Woman Sues Mobile Phone Provider, Because Consolidated Bill 'Revealed' Her Affair
On the post: Hollywood's Passion For Movie Remakes May Run Into Copyright Problems... Created By Hollywood
Re: Remakes
Exactly what movies are you talking about? Avatar? The Dark Knight? Iron Man 2? The Hurt Locker? The Spy Next Door? Where the Wild Things Are? The Fantastic Mr. Fox? Star Trek? (500) Days of Summer? Invictus? Harry Potter and the Half-Blood Prince? Paranormal Activity?
On the post: Hollywood's Passion For Movie Remakes May Run Into Copyright Problems... Created By Hollywood
Like I've said before, copyright is not about protecting the works, it's about protecting and enlarging the monopolies and propping up the status quo.
On the post: Police Say Facebook Is Liable In Man's Death, Because He Was At A Flashmob Organized On Facebook
Re: I think we also need to blame
On the post: Police Say Facebook Is Liable In Man's Death, Because He Was At A Flashmob Organized On Facebook
It's strange how when the heard gets thinner, it also gets stronger. Weeding out the idiots is a good thing. Now if we could only get rid of that idiot cop.
On the post: Real Copyright Law And File Sharing Copyright Law
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On the post: Real Copyright Law And File Sharing Copyright Law
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Fine, point to where the inducement standard is found anywhere in any copyright statute? I won't be holding my breath.
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