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About Jay WolmanJay Marshall Wolman has served as an advocate or neutral in hundreds of contested matters, appearing before state and federal courts and agencies in Connecticut, Massachusetts and throughout the United States. His experience includes commercial disputes, consumer class actions, and personal injury, including products liability. As a civil litigator, a substantial portion of Attorney Wolman's practice has included representation of employers and employees in workplace matters, including discrimination on the bases of race, sex, pregnancy and disability, wage and hour disputes, occupational safety and health, wrongful termination, as well as review and negotiation of severance agreements and covenants not to compete. |
Another First Amendment Victory
(untitled comment)
Unless the artist saw Mother Teresa live, he copied her image from some other fixed medium, be it a photograph or video. This is thus akin to the Shepard Fairey "Hope" issue, where Mr. Fairey's work may have infringed on the copyright of an AP photo (http://artsbeat.blogs.nytimes.com/2012/09/07/shephard-fairey-is-fined-and-sentenced-to-probation-in -hope-poster-case/?_r=0) .
Here, the artist's depiction is likely a derivative work; the only questions are whether the original work was protected by copyright (and whether those asserting it are the copyright holders) or whether the derivative work is permissible through fair use or another defense.
People use copyright to restrict undesired content regularly (e.g. DMCA takedown requests for revenge porn posting of nude selfies). This might be an extension of that use./div>
(untitled comment)
Thank you
I'm not sure on the chronology, but it appears he's trying to explain away the service on Bristow in the ATL article (page 3). He admits he knows it is bogus and seems to be asserting that their joke acts to appoint Bristow as an agent for service of process.
In the law of agency, that would be apparent authority. However, apparent authority is not a tenet of due process of which proper service is a part. Further, even if it were, actual knowledge of the alleged agent's true status and lack of actual authority would defeat any claim of apparent authority. No reasonable person with that knowledge would rely on the listing of Bristow.
Plaintiff cannot or should not get a default judgment where the defendant has not been served. It should not survive a motion to dismiss and my bet is Texas does have mechanisms to protect a defendant's anonymity. Nor would a default judgment do any good--if you cannot identify a real or legal person, then you have a worthless piece of paper. The method to enforce an injunction is a contempt proceeding against a person you cannot find. It is a waste of effort.
You have a revenge porn claim? Call Adam Steinbaugh. He'll put you in touch with a good attorney./div>
Kyle Bristow (as Jay M. Wolman)
Pinkmeth lists Kyle Bristow, Esq. as the attorney to whom removal requests should be directed.
Bristow is a friend of Van Dyke and works with him in this type of matter: http://american3rdposition.com/?p=9094
Pinkmeth obviously used Bristow's name and address for humor. Yet, when reading the complaint, Van Dyke states that Pinkmeth's office is Bristow's. He has to know this is false. Service of process will not be good and it borders on a fraud upon the court.
Not good. Ends do not justify means./div>
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