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How a big movie studio (unfairly) forced a student to give up his senior thesis

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Re: How a big movie studio (unfairly) forced a student to give up his senior thesis

#81

Post by aqme28 »

dctoedt wrote: post #48

Some observations: 1. If the studio had filed a lawsuit, there's a very good chance that, after seeing the Asimov estate's permission, the judge would have quickly tossed the case on summary judgment --- and quite possibly awarded the student his attorneys' fees under section 505 of the Copyright Act,[1] as happened recently in several of the Righthaven copyright-troll cases.[2] 2. A copyright lawyer might have been…

Furthermore, you get a lot of publicity by being the target of major litigation. Especially if you end up winning.

Re: How a big movie studio (unfairly) forced a student to give up his senior thesis

#82

Post by darksaga »

jimbobimbo wrote: post #51
vibrunazo wrote: post #49

Earlier quoted context omitted.

> It's a pity the student didn't talk to a copyright > lawyer (with litigation experience) before caving. How much would that cost him in the US? And how likely is that the court would actually grant him the money? The link says "at court’s discretion". Has it actually ever happenned before?

It could've been free first consultation, it could've been a few hundred dollars - if OP had already budgeted $10,000 on the project, a small price to pay.

Agreed. Most attorneys, even back then, usually give you your first consultation free. Attorneys are also supposed to take several cases per year on a pro bono basis. I think this would have been great for both parties.

Attorney gets plenty of press for taking on the studio (and most likely enough business afterwards to pay for the costs and work he did), student gets free legal representation, and the big studio looks horrible attempting to quash a students film he needs to graduate.

Re: How a big movie studio (unfairly) forced a student to give up his senior thesis

#85

Post by leviathant »

yardie wrote: post #33
klipt wrote: post #9

> He told me that I was technically in my legal right to use Isaac Asimov’s material. However, if I chose to proceed, they would file multiple lawsuits totaling over 2 million dollars against me. Hmm, if the lawyer admitted he was technically in the right, I wonder if recording that phone call could've gotten any lawsuits thrown out as frivolous.

Not only is it frivolous, he should have recorded it for a countersuit in districts that have anti-SLAPP legislation.

The one time I was on the bad end of a phone call with a record industry lawyer (I was 21 at the time), I recorded the call. I had heard of previous encounters with this particular PR lady that involved lots of bullying and bullshit, so once the conference call between the lawyer, the PR flack, and myself began, I announced that "For the protection of all parties involved, I am recording this conversation."

It was like I had cast a spell. Everything got VERY professional. By the end of the call, I had schooled said lawyer on fair use and the DMCA - which was at the time still very new - and after the call wrapped, that was the end of the thinly-veiled legal threats.

I didn't even need a lawyer, but I had enough free time to do ample research on related laws, and was very confident that I was completely in the right. I was nervous as hell on the phone, but felt like THE MAN when I got off that call.

Re: How a big movie studio (unfairly) forced a student to give up his senior thesis

#86

Post by SeanLuke »

dctoedt wrote: post #48

Some observations: 1. If the studio had filed a lawsuit, there's a very good chance that, after seeing the Asimov estate's permission, the judge would have quickly tossed the case on summary judgment --- and quite possibly awarded the student his attorneys' fees under section 505 of the Copyright Act,[1] as happened recently in several of the Righthaven copyright-troll cases.[2] 2. A copyright lawyer might have been…

> 1. If the studio had filed a lawsuit, there's a very good chance that, after seeing the Asimov estate's permission, the judge would have quickly tossed the case on summary judgment

Surely when the studio optioned the rights, they got exclusivity as part of the contract. That is: it doesn't matter if he got "permission": at that point Asimov's estate had no right to grant such a thing.

Re: How a big movie studio (unfairly) forced a student to give up his senior thesis

#87

Post by Tichy »

maxerickson wrote: post #78
Tichy wrote: post #45

Earlier quoted context omitted.

Um, wouldn't that enable people to ruin people's lives at will? Just sue them over and over. Even if the claims have no merits, eventually they will be bankrupt.

I think part of the idea is that if you sue someone and nothing comes of it, you have to pay their fees.

Isn't that the status quo? The suggestion I replied to was to make the loser only pay part of the winner's fees.

Re: How a big movie studio (unfairly) forced a student to give up his senior thesis

#88

Post by maxerickson »

Tichy wrote: post #87
maxerickson wrote: post #78

Earlier quoted context omitted.

I think part of the idea is that if you sue someone and nothing comes of it, you have to pay their fees.

Isn't that the status quo? The suggestion I replied to was to make the loser only pay part of the winner's fees.

My understanding is that (in the U.S.,) the defendant generally doesn't recover any expenses. But I'm not a lawyer and all that. I guess they can counter sue, and courts generally don't tolerate people filing tons of frivolous lawsuits.

Re: How a big movie studio (unfairly) forced a student to give up his senior thesis

#89

Post by danneu »

doron wrote: post #67
clarkevans wrote: post #29

Earlier quoted context omitted.

By downloading a film, even if you don't pay for it, you are contributing capital to that film. You'll cache the the plot, characters, actors in your mind and likely talk about it with your friends & collegues --in social situations re-enforce the film's value and reify the investment others have made by paying for the film. If you don't see the film, and one of your friends has a film reference you don't recognize,…

You convinced me. I got more time than money, and I am willing to spend that capital in exchange for a movie. A fair exchange (unless the movie sucks, in which case i want my time back, or in lieu of time, i am willing to get payed by the MPAA to watch crap movies. Now that i realize I am actually giving the movie industry my most valuable assets, re my mind and attention, I feel Compelled not to give them my money,…

But at the end of the day, you share your time on earth for only a brief moment with the rest of us. Is it possible that you derive more value sharing the film consumption experience and discourse with your friends and peers than some crusade against Hollywood? At what point would you rather see a movie with a girl, your family, or your friends after work rather than reject the opportunity to feel like you're contributing to Hollywood's demise.

Re: How a big movie studio (unfairly) forced a student to give up his senior thesis

#90

Post by a_a_r_o_n »

bh42222 wrote: post #68
a_a_r_o_n wrote: post #38

Earlier quoted context omitted.

I used to jump at a very small skydiving operation. When the owner dropped his insurance, the lawsuits disappeared. No one wants a 1957 Cessna.

Uhmm... what were the lawsuits about before he dropped his insurance? Parachute not opening?

Not lawsuits right and left. Just people getting hurt once in awhile landing, twisting ankles and stuff. Not often. But there's always a lurk of lawyers waiting to help you "get what you deserve." It's a physical sport.
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