I actually used to work for the firm that's handling the suit, and it was filed many, many months ago. I don't see how it's news now. They actually amended the complaint to call Seinfeld an "actor" instead of a "comedian" because suing a comedian for making fun of you is so self-evidently idiotic.
I can't imagine it's fun to try and fight an (alleged) billionaire plagarizer for what is rightfully yours.
So let me get this straight, stealing someone else's work is acceptable as long as you are rich? And that also means you are entitled to take what you want with absolutely no consequences? And even better, you get to play the victim? Good to know!
By the way, calling her an "Assassin" is completely and utter bullshit.
According to my 3 IP classes from law school (Intellectual Property, Trademarks, and Coyrights - and that's where my expertise began and ended, folks), recipes are practically impossible to plagarize...nor are ideas such as Lapine's. I mean think about it, there's only so many ways to make an apple pie. The only thing that could be plagarized is if the narrative was word for word.
I agree that she has a good shot at defamation and the Seinfeld's should settle with her. Lapine was NOT a public figure and Jerry Seinfeld absolutely insinuated on TV that she was nutjob. I mean, just because you said you were joking, doesn't mean you are. I joke constantly about true things that I want to say but don't want to deal with the reprecussions over so I just go "just a joke!" It's a dick move, but we all do it...just usually not on TV.
@JinxyMcDeath: A recent food column by Corby Kummer in the Atlantic was about this very topic: professional chefs/bakers battling each other over the rights to recipes.
The conclusion appeared to be exactly what you said, Jinxy -- it's open season, no enforceable rights exist.
Huh, "Jinxy" -- I actually get a nice little tingle from saying that.
@JinxyMcDeath:
I defend defamation cases all the time. She doesn't have a shot! doesn't cover hyperbole, opinion, rhetoric or obvious jokes. Just false, defamatory facts (i.e. "so and so is a convicted sex offender)
@SadgatiAutomedon: Well, I do NOT defend defamation cases all the time, so I will assume you know more than I do on this topic. That being said, you don't think that they should settle this? I mean, you bring it to a jury and then they decide whether he was saying it in a joking manner. Isn't it a question of fact?
As an expert on these things told me last spring, she probably wouldn't win a plagiarizm case against the wife, but could totally win a defamation case against Jerry. I wish her well!
Honestly, Jerry probably just wishes that his wife would have just shopped, went to the gym and took care of the kids instead of trying to tap into her "creative outlet".
This damn shitty cookbook has almost been as much of a headache and pain in the ass for him, since he was trying to do positive PR during that whole Michael Richards train wreck.
But, if anything this made me sit back and remember the old Jerry during his early Shoshanna days. God Howard Stern is funny.
I wonder if Mark Chapman ever used his middle name before he went to the Dakota. And since Reagan lived, we may never know David Hinckley's middle name.
I don't know about their stupid children but the ones I know wouldn't be fooled by such trickery. They have supernatural vegetable-detecting powers that even I cannot comprehend.
@Mafalda para Presidente: My little brother used to pick tiny onion bits out of his burgers when we were little. One by one, set them aside, then eat the scattered remains of his homemade burger with his fingers while Mom and Dad looked on in horror.
@Xylo: This one time my mother cooked our beans with a bit of blended onions...you couldn't see them or smell them, really. My little brother (about 3 at the time) immediately picked up on it and stared at my mother as if to say "What is this, woman? And why are you trying to feed it to me?" Like I said, supernatural.
I don't think you can usually copyright a concept. See Nanny 911/SuperNanny; Wife Swap/Trading Spouses; all of the dancing competition shows. Am I wrong copyright lawyers that if there is enough unique content in the later to come copyright work, it will be held not to infringe?
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"I'm a writer."
"You are neither. You're shicksa, sent by grocery clerks, to collect a bill."
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So let me get this straight, stealing someone else's work is acceptable as long as you are rich? And that also means you are entitled to take what you want with absolutely no consequences? And even better, you get to play the victim? Good to know!
By the way, calling her an "Assassin" is completely and utter bullshit.
10/31/08
I agree that she has a good shot at defamation and the Seinfeld's should settle with her. Lapine was NOT a public figure and Jerry Seinfeld absolutely insinuated on TV that she was nutjob. I mean, just because you said you were joking, doesn't mean you are. I joke constantly about true things that I want to say but don't want to deal with the reprecussions over so I just go "just a joke!" It's a dick move, but we all do it...just usually not on TV.
10/31/08
The conclusion appeared to be exactly what you said, Jinxy -- it's open season, no enforceable rights exist.
Huh, "Jinxy" -- I actually get a nice little tingle from saying that.
10/31/08
I defend defamation cases all the time. She doesn't have a shot! doesn't cover hyperbole, opinion, rhetoric or obvious jokes. Just false, defamatory facts (i.e. "so and so is a convicted sex offender)
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This damn shitty cookbook has almost been as much of a headache and pain in the ass for him, since he was trying to do positive PR during that whole Michael Richards train wreck.
But, if anything this made me sit back and remember the old Jerry during his early Shoshanna days. God Howard Stern is funny.
[www.people.com]
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