Some of you may know I've been brutalized by a company called Reed Elsevier, Inc. in an 8 year abusive litigation pummeling over a parody of the Daily Variety Trade Publication's logo. The Parody was completely protected speech. Variety, ironically, could give a flying "v" for the 1st Amendment.
This has been devastating to me and the band. (See Vandals.com for more details.) I haven't bored Ricochet with it because it's depressing and I know I'd be preaching to the choir.
"Where would the choir NOT be?" I wondered. Huffington Post! This is what the Hollywood elites turn to everyday. I must get it in front of them to bring proper attention to this scandal. Thanks to Roy Sekoff over there for indulging a conservative with a bi-partisan tragedy. You can read my article, or I'll sum it up this way:
SOPA is only bad if you believe that large media companies will abuse it. Well, I was deposed by a lawyer for the 900 member firm of Fullbright & Jaworski (representing a giant media company) last week and he signalled that his argument in court against the Vandals is going to be that we should have taken down our entire Myspace page with its 50,000 + hard-earned "friends" because Newscorp put a mp3 retail store in the corner of our page (that we could not control) and it had (at one time) an image on it Variety feels is an "infringement."
When we pointed out that we don't control what Rupert was selling in that store, they said, "well then, you should have shut down your whole site."
These people know only one style, and that is scorched earth. There are many scandals here but one ugly one is the fact that Reed Elsevier also owns Lexis Nexis, which profits from all lawsuits, abusive or not. These are the lawyers that will represent the large media companies if a law like SOPA is passed. They cannot be given more power, neither can the media companies that are pulling their strings.
How can you help? Well, if you're in show biz, let Variety know you don't approve of this. Don't buy their scandal sheet, buy the Hollywood Reporter, it's better. Its web site is way better. If you are in law, don't use Lexis Nexis, use Westlaw. And pray for us.
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Jul '11
Re: Abusive Lawsuit By Daily Variety Against Punk Band Leads To SOPA Epiphany
There is a great Ted Talk on fixing the broken legal system. I personally would start by scrapping the entire process and starting over. Truly the largest barriers to a recovery of our country's prosperity is our defective handling of tort and a myriad of government regulations. I have never been sued but I've seen good physicians destroyed by a frivolous suit that went to a jury of not their peers. I have also seen bad doctors have mistakes covered up because everyone involved gets sued so it's thought best to sweep it under the rug even if a bad doctor will go on to harm others. How we as a nation have allowed tort to evolve in to the destructive force it is speaks volumes about the idiocy percolating through our schools and in to the craniums of what should be the land of the free and the home of the brave.
Dec '10
Re: Abusive Lawsuit By Daily Variety Against Punk Band Leads To SOPA Epiphany
Hitler bad, Vandals good
Mar '11
Re: Abusive Lawsuit By Daily Variety Against Punk Band Leads To SOPA Epiphany
This is what happens when most of Congress is lawyers.
And I say that as a lawyer (although not a litigator).
Of course, it's not true what they say about lawyers - it's only 99% that give the rest of us a bad name.
Dec '11
Re: Abusive Lawsuit By Daily Variety Against Punk Band Leads To SOPA Epiphany
http://www.youtube.com/watch?v=wrULozjHqkI
Take that SOPA
May '11
Re: Abusive Lawsuit By Daily Variety Against Punk Band Leads To SOPA Epiphany
I beg to differ. In addition to that unlikely scenario, imagine (just imagine) if the government itself were to abuse some of that power. Far-fetched I know, but we must be thorough in our paranoid ramblings.
Aug '10
Re: Abusive Lawsuit By Daily Variety Against Punk Band Leads To SOPA Epiphany
Joe, you should be heartened by the spectacular failure of Righthaven. If what you believe about the opposing attorney's strategy is true, then your case ought to be one to watch.
Righthaven is a company that attempted to sue bloggers for excerpting stories from various publications. They would start with a copyright infringement lawsuit and then attempt to settle out of court. It worked well until at least one blogger stood his ground and won on the merits (including: fair use, parody, satire, and that due to the complex agreement between the copyright owner and Righthaven, Righthaven actually lacked standing.)
Here is a link to Glenn Reynolds of instapundit fame that list various stories regarding Righthaven's rise and fall.
Apr '11
Re: Abusive Lawsuit By Daily Variety Against Punk Band Leads To SOPA Epiphany
This sounds like a job for a hockey stick.
Apr '11
Re: Abusive Lawsuit By Daily Variety Against Punk Band Leads To SOPA Epiphany
I believe the term is called Rent Seeking Behavior...this is one of the many negative consequences of our highly restrictive Copyright Laws, which will only get worse if we allow for further restrictions. I for one have never read Variety...now I will avoid it further.
Nov '11
Re: Abusive Lawsuit By Daily Variety Against Punk Band Leads To SOPA Epiphany
Heshmon: This is what happens when most of Congress is lawyers.
And I say that as a lawyer (although not a litigator).
Of course, it's not true what they say about lawyers - it's only 99% that give the rest of us a bad name. · 5 hours ago
My position is (regardless of the Founders) is that it is a conflict of interest for lawyers to be in congress (making laws). Congress should just hire them if needed. I try to never vote for one. For some reason people think that is radical.
Dec '10
Re: Abusive Lawsuit By Daily Variety Against Punk Band Leads To SOPA Epiphany
I hope you wail on those [expletives] and keep pounding out great bass lines.
Could use of the offending image here constitute a breach of the settlement?
Edited on Jan 24 at 8:21amNov '10
Re: Abusive Lawsuit By Daily Variety Against Punk Band Leads To SOPA Epiphany
Elsevier are also the [expletive]s that make it a hassle to read articles from science journals, even if you're entitled to access through your school or local library. They are the world's most annoying example of middlemen.
Feb '11
Re: Abusive Lawsuit By Daily Variety Against Punk Band Leads To SOPA Epiphany
Having in the past worked in the science publishing field, I can state that Elsevier are just sharks.
Re: Abusive Lawsuit By Daily Variety Against Punk Band Leads To SOPA Epiphany
They also own Choicepoint, responsible for one of the largest identity theft debacles in history. And they own the Midem Music Conference. They once paid me more than a $1,000 to avoid a scandal when they locked me in a room for 2 hours in Cannes. My crime: leaving the conference two hours early, as an exhibitor.
Re: Abusive Lawsuit By Daily Variety Against Punk Band Leads To SOPA Epiphany
Thanks. I'm well aware of Righthaven. What a bunch of D-bags. Good news, the court issued a minute order today allowing the go ahead for the summary judgment hearing on Feb. 6. I think he signaled that he would rule in our favor, but I hope I'm not reading him wrong. It was they who filed the motion, so victory on Feb. 6 only means we get to go to trial. Yes, they actually tried to get the court to deny us a trial. Thanks for all your support here. I love Ricochet and will post more often when this is over.