Comments for Courtroom Strategy by Attorney Oscar Michelen https://courtroomstrategy.com Commentary on Current Litigation and Legal Issues Thu, 13 Feb 2020 12:37:09 +0000 hourly 1 https://wordpress.org/?v=5.3.2 Comment on Copyright Troll Attorney Richard Liebowitz and Race-Faker Rachel Dolezal Team up to Quickly Lose Copyright Lawsuit Over Dolezal’s Selfie by Jimmy Sandwich https://courtroomstrategy.com/2020/02/copyright-troll-attorney-richard-liebowitz-and-race-faker-rachel-dolezal-team-up-to-quickly-lose-copyright-lawsuit-over-dolezals-selfie/comment-page-1/#comment-10007 Thu, 13 Feb 2020 12:37:09 +0000 https://courtroomstrategy.com/?p=3998#comment-10007 “I believe the loophole we exposed can put an end to endless filing of copyright lawsuits like this one,” — Defense Lawyer

Isn’t it more a cautionary tale about using exclusive licensing agents ? LOL.

Why can’t photographer using Instagram and a photo licensing agent for the same content file an infringement lawsuit directly ?

Also the Judge didn’t rule on the “Instagram Issue” she merely said it “is interesting from an intellectual perspective.” The registration certificate issue never went anywhere. And the Judge was skeptical on the fair use: “I don’t think your fair use is a win but, who knows, stranger things have happened.”

Also, I don’t think it’s the grant of a nonexclusive license to Instagram per se that created the issue as you suggested though the defense lawyer said essentially the same thing (“by simple virtue of [photographer] providing another party a license to use the photo, [the photo agent] does not have an exclusive license ipso facto”) although the Judge didn’t respond to the argument. Isn’t it because Instagram’s license is so broad that there are no rights left for photographer to grant to others exclusively ?

]]>
Comment on Q:Can Facebook Be Legally Forced to Police Political Ads? A: No. by Franky Toes https://courtroomstrategy.com/2019/10/qcan-facebook-be-legally-forced-to-police-political-ads-a-no/comment-page-1/#comment-10005 Sun, 19 Jan 2020 02:41:09 +0000 https://courtroomstrategy.com/?p=3938#comment-10005 I came across this 2016 study and thought of your post. Things have only grown worse.

https://ed.stanford.edu/news/stanford-researchers-find-students-have-trouble-judging-credibility-information-online

]]>
Comment on Custody Battle Looms Over Fearless Girl by Jonny Beans https://courtroomstrategy.com/2019/11/custody-battle-looms-over-fearless-girl/comment-page-1/#comment-10003 Mon, 23 Dec 2019 23:35:20 +0000 https://courtroomstrategy.com/?p=3971#comment-10003 Yes, of course that must be it. So she just has to wait 35 years to terminate the grant, if I recall. Congress is always looking after the little guy.

]]>
Comment on Custody Battle Looms Over Fearless Girl by Oscar Michelen https://courtroomstrategy.com/2019/11/custody-battle-looms-over-fearless-girl/comment-page-1/#comment-10000 Wed, 04 Dec 2019 03:37:44 +0000 https://courtroomstrategy.com/?p=3971#comment-10000 It could be that but its likely the agreement said that they own the copyright. She could have assigned it to them by contract. Problem is the complaint does not track contract language and they have asked the judge to make it confidential so its not available for the public to see on PACER. So we don’t know its terms but I see no other way for them to have a claim.

]]>
Comment on Custody Battle Looms Over Fearless Girl by Jonny Beans https://courtroomstrategy.com/2019/11/custody-battle-looms-over-fearless-girl/comment-page-1/#comment-9999 Mon, 02 Dec 2019 02:50:25 +0000 https://courtroomstrategy.com/?p=3971#comment-9999 I don’t follow SSGA claiming copyright in the sculpture. That seems cut and dried as she isn’t an employee and standalone sculptures can not be WFH. Is this just because litigators like to throw all kinds of BS claims into their complaints ?

]]>
Comment on Copyright Troll Attorney Found in Contempt of Court for Lying About Grandparent’s Death by Jimmy Buttons https://courtroomstrategy.com/2019/11/copyright-troll-attorney-found-in-contempt-of-court-for-lying-about-grandparents-death/comment-page-1/#comment-9998 Mon, 02 Dec 2019 02:35:43 +0000 https://courtroomstrategy.com/?p=3954#comment-9998 Remember these guys ?

https://en.wikipedia.org/wiki/Prenda_Law

]]>
Comment on The Case for Impeachment by Jimmy Bananas https://courtroomstrategy.com/2019/11/the-case-for-impeachment/comment-page-1/#comment-9997 Sat, 23 Nov 2019 20:52:30 +0000 https://courtroomstrategy.com/?p=3966#comment-9997 Ask yourself whether any of it is remotely surprising. If it wasn’t this scandal I suspect that there would have been another. That such a profoundly dishonest grifter was elected POTUS is a symptom of a disturbed political system. Thank you for laying out a clear and detailed timeline of this particular abuse of power. Everyone that documents any portion of the criminality and corruption of this Administration should be applauded. It must all be in the historical record. No one can ever say they didn’t know what was going on. And every member of Congress must go on the record and publicly vote their position.

]]>
Comment on Copyright Troll Attorney Found in Contempt of Court for Lying About Grandparent’s Death by Oscar Michelen https://courtroomstrategy.com/2019/11/copyright-troll-attorney-found-in-contempt-of-court-for-lying-about-grandparents-death/comment-page-1/#comment-9996 Fri, 22 Nov 2019 15:15:35 +0000 https://courtroomstrategy.com/?p=3954#comment-9996 Thats an understatement

]]>
Comment on Copyright Troll Attorney Found in Contempt of Court for Lying About Grandparent’s Death by Bennie the Boot https://courtroomstrategy.com/2019/11/copyright-troll-attorney-found-in-contempt-of-court-for-lying-about-grandparents-death/comment-page-1/#comment-9995 Thu, 21 Nov 2019 04:34:41 +0000 https://courtroomstrategy.com/?p=3954#comment-9995 I saw him at PhotoPlus Expo a few weeks ago. He’s quite a character.

]]>
Comment on A Quick Guide to the Impeachment Process by Oscar Michelen https://courtroomstrategy.com/2019/10/a-quick-guide-to-the-impeachment-process/comment-page-1/#comment-9994 Thu, 07 Nov 2019 04:49:05 +0000 https://courtroomstrategy.com/?p=3926#comment-9994 I was comparing the lack of transparency in a GJ proceeding to the lack of transparency in an impeachment proceeding to sow that this is not anything to scream about. I mention in the article that President Ford said that high crimes and misdemeanors are whatever the House decides they are.

]]>