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New York, 1:07 AM
Tue Nov 17
59 posts in the last 24 hours

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  • posts about #copyright more →

    McSteamy v. Gawker Media, LLC

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    Dsmvwl  Admin  Promote to frontpage Approve user Ban user ×
    Image of i'm a bottle i'm a bottle
    09/25/09

    In reply to McSteamy v. Gawker Media, LLC
    Ha! They're asking for a million in damages. They'll never get that. I suppose this lawyer figure is leading them down the old garden path. Do they just want the video taken down?
     Reply
    i'm a bottle was starred i'm a bottle was unstarred
    Image of Mymoustache Mymoustache
    09/24/09

    In reply to McSteamy v. Gawker Media, LLC
    If they win, I hope Gayheart gives some money to the family of the person she ran over and killed.
     Reply
    PaisleyPajamas promoted this comment Mymoustache was starred Mymoustache was unstarred
    Image of Mount_Prion Mount_Prion
    09/24/09

    In reply to McSteamy v. Gawker Media, LLC
    I love the LLC bit. That's basically Denton being like, "Can't touch this."
     Reply
    Mount_Prion was starred Mount_Prion was unstarred
    Image of Mike Jahn Mike Jahn
    09/24/09

    In reply to McSteamy v. Gawker Media, LLC
    This isn't about copyright infringement. It's about return on investment. With all the work they put into generating and distributing this publicity bonanza, they need more than $1 million to pay themselves back.
     Reply
    Mike Jahn was starred Mike Jahn was unstarred
    Image of lobstr lobstr
    09/24/09

    In reply to McSteamy v. Gawker Media, LLC
    Oo, oo, oo! Are all of us commenters then accessories to this crime? Should we all be subpoenia'd I declare courthouse afterparties at The Ivy, lulz.
     Reply
    lobstr was starred lobstr was unstarred
    Image of Caius Caius
    09/24/09

    @lobstr: I've always wanted to be subpoenaed!
     Reply
    Caius was starred Caius was unstarred
    Image of PaisleyPajamas PaisleyPajamas
    09/24/09

    In reply to McSteamy v. Gawker Media, LLC
    Heh. Funny how that whore, People, left out the drug use details.

    Denton's Tweet was quoted, though!

    [www.people.com]
     Reply
    Edited by PaisleyPajamas at 09/24/09 6:15 PM PaisleyPajamas was starred PaisleyPajamas was unstarred
    Image of Looker Looker
    09/24/09

    In reply to McSteamy v. Gawker Media, LLC
    Rebecca Gayheart should be sending Gawker a fruit basket for the publicity she received, not filing a lawsuit.
     Reply
    Conchie Birdie promoted this comment Looker was starred Looker was unstarred
    Image of Conchie Birdie Conchie Birdie
    09/24/09

    @Looker: I know! I was thinking cookies yesterday, but maybe she could do a chocolate-covered Edible Arrangement?
     Reply
    Conchie Birdie was starred Conchie Birdie was unstarred
    Image of pepelicious pepelicious
    09/24/09

    In reply to McSteamy v. Gawker Media, LLC
    I'm going to sue Gawker for bait and switch. I was promised a sex tape and all I got was some dude and two chicks hanging around naked and high. My pageview must have made Denton at least a nickel, maybe more.
     Reply
    Cunning_Linguist promoted this comment pepelicious was starred pepelicious was unstarred
    Image of RonMwangaguhunga RonMwangaguhunga
    09/24/09

    In reply to McSteamy v. Gawker Media, LLC
    McLitigious-y
     Reply
    RonMwangaguhunga was starred RonMwangaguhunga was unstarred
    Image of rhys1882 rhys1882
    09/24/09

    In reply to McSteamy v. Gawker Media, LLC
    Interestingly, there's no listing for their alleged copyright registration on the copyright office's website.
     Reply
    Hiphopopotamus promoted this comment rhys1882 was starred rhys1882 was unstarred
    Image of Hiphopopotamus Hiphopopotamus
    09/24/09

    @rhys1882: It's right here
    [cocatalog.loc.gov]
     Reply
    Hiphopopotamus was starred Hiphopopotamus was unstarred
    Image of Tremonius Tremonius
    09/24/09

    @Hiphopopotamus: Well, I've just registered the following two statements.

    (1) How is (#x) a blind item?
    (2) All of them.

    Anybody using either will pay plenty or hear from whatever shyster I can dredge up.
     Reply
    Tremonius was starred Tremonius was unstarred
    Image of Gawkchalk Gawkchalk
    09/24/09

    In reply to McSteamy v. Gawker Media, LLC
    So if they win, they get all of Gawker's assets, which is one mac book and Hipster Grifter Poster.
     Reply
    pumpkinsoup promoted this comment Gawkchalk was starred Gawkchalk was unstarred
    Image of adiam7 adiam7
    09/24/09

    In reply to McSteamy v. Gawker Media, LLC
    So dumb, the story had gone away and now Gawker will have to air it all out-again. I am thinking there will be more tapes coming Gawker's way from "friends". Who are their reps, tis is such bad advice
     Reply
    adiam7 was starred adiam7 was unstarred
    Image of karion karion
    09/24/09

    In reply to McSteamy v. Gawker Media, LLC
    4 minutes of a 12 minute tape on Gawker, and the full 12 minute, uncensored video on Fleshbot?

    Damn, Denton, they have a pretty solid claim. I'm not liking your fair use odds.
     Reply
    karion was starred karion was unstarred
    Image of BowlingForDollars BowlingForDollars
    09/24/09

    @karion: I would never use "fair use" as a defense anyway. It's deliberately ambiguous.

    I still think Denton comes out on top.
     Reply
    BowlingForDollars was starred BowlingForDollars was unstarred
    Image of karion karion
    09/24/09

    @BowlingForDollars: What defense are you thinking? Every one I can think of comes right under the fair use umbrella.
     Reply
    karion was starred karion was unstarred
    Image of Hiphopopotamus Hiphopopotamus
    09/24/09

    @karion: That the copyright wasn't actually filed until 2 days after the video was distributed. That no copyright existed when the plaintiffs made their Take-Down notice. That a participant in the video freely distributed the material, mitigating Plaintiffs claims of damages. I would also request to see some sort of release or contract between the 3rd lady and Dane/Gayheart, lest she is also a partial copyright holder who freely distributed the video.
     Reply
    Hiphopopotamus was starred Hiphopopotamus was unstarred
    Image of BowlingForDollars BowlingForDollars
    09/24/09

    @Hiphopopotamus: What he said.
     Reply
    BowlingForDollars was starred BowlingForDollars was unstarred
    Image of karion karion
    09/24/09

    @Hiphopopotamus: You can't file a claim unless you have registered your copyright, but that is only relevant to the issue of damages, really. You need the registration to get in the door of the courthouse, but it is no bar to a copyright claim after it is registered.

    I was thinking the same thing about the participant who might have given it to Gawker, and maybe giving them implicit permission to publish it, but that seems a little iffy to me. Particularly since the guy (Dreamy, whatever) appeared to be the one filming it, and therefore the "author" (and presumably the legal owner of the copyright). A participant has no legal right to authorize distribution.

    At best, the participant is a co-author, and probably entitled to give a license to Gawker. I am guessing Gaby is might be making a new friend in the near term.
     Reply
    karion was starred karion was unstarred
    Image of Atilla the Bun Atilla the Bun
    09/24/09

    @karion: It seems Paniche could make a claim of authoriship/co-ownership in the copyright and that she authorized its use by third parties like Gawker. Then Gayheart/Dane might be forced to argue that Peniche was their "employee" for purposes of making the vidoe and therefore has no ownership in it, which is rather funny considering she is an alleged prostitute.

    All the more reason I don't know WHY they filed this lawsuit. If they hired her, what drugs they were doing in the video, etc. is all going to come out in the discovery process. Why would they want this dirty laundry re-aired? I know its publicity, but it doesn't seem like the kind that will help their careers.
     Reply
    Hiphopopotamus promoted this comment Edited by Atilla the Bun at 09/24/09 5:53 PM Atilla the Bun was starred Atilla the Bun was unstarred
    Image of Motoko Kusanagi Motoko Kusanagi
    09/25/09

    @karion: But what could they prove as damages?
     Reply
    Motoko Kusanagi was starred Motoko Kusanagi was unstarred
    Image of WolframJibsy WolframJibsy
    09/24/09

    In reply to McSteamy v. Gawker Media, LLC
    I don't understand why you can report on this but don't feel comfortable reporting on one of your staff being charged with domestic violence.
     Reply
    The Lone Scout promoted this comment WolframJibsy was starred WolframJibsy was unstarred
    Image of The Lone Scout The Lone Scout
    09/25/09

    @WolframJibsy: ?
     Reply
    The Lone Scout was starred The Lone Scout was unstarred
    Image of Spirit Fingers Spirit Fingers
    09/24/09

    In reply to McSteamy v. Gawker Media, LLC
    So this isn't like the time when Tucker Max wanted to bet you guys that his movie would be good? No, huh? "Cause I've seen this one, and with nary an actor in it at all I'm sure the McSteamy vid has Tucker's poo-porn beat, and all they had to do is slur incoherently in the general direction of a camera, gratuitous nudity and a self-aggrandizing d-bag purely coincidental.
     Reply
    Spirit Fingers was starred Spirit Fingers was unstarred
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