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JSonnabend
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Re: patent or copyright?
« Reply #10 on: Dec 22nd, 2005, 7:43am »
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I think the fair use analysis we've been discussing misses the point.  The trivia book didn't copy anything from the tv show, it was about the tv show.  It's contents were facts, e.g., in episode x, y happened.  I know some may say this is a slippery slope to start down, but whatever line one might draw on this issue should not be drawn here, IMO.
 
Legal academicians can analyze the Castle Rock case until they're blue in the face -- no post hoc rationalization can fix it.
 
Isaac, the smiley thing was a joke (i.e., the case cite should have been nineteen-ninety-smile) Wink  
 
- Jeff
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Isaac
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Re: patent or copyright?
« Reply #11 on: Dec 22nd, 2005, 8:26am »
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Doggonit.  I thought I might have been missing a joke.  I heard the wooshing sound, but I did not look up over my head.
 
I think the issue of what constitutes "fact" about a fictional context is a bit elusive.    It might be a fact that the actor on a show actually said something, but a complete fiction that the character said something or that some event described in the show actually occurred.   Was character X actually bewildered about something that the actor knew about well in advance?
 
I don't think the court got the decision right but I'm not overly surprised that courts in large media centers are able to find law that others cannot.
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Isaac
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