I didn't realize till recently that Zombie Radar left many of my posts for old Radar up on RadarOnline.com. They just removed the FUCKING BYLINES. Skeevy bastards. #cindycrawford
@raincoaster: Well, now that I think about it, I was happy to be associated with the old magazine. I'm not sure I'd be happy to be associated with its new incarnation. So maybe them removing my byline ain't a bad thing after all. #cindycrawford
@RandomLunatic: Misery loves company: A blog that is part of a much bigger web ring around the world--for whom I did considerable pro bono work during their launch--has conveniently left me off their listing of former bloggers. When I use them as a writing reference, I have to provide specific links to my work (which constantly and consistently change) because I am not "searchable" in their database. Fark you very much, jagweeds! #cindycrawford
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?
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.
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.
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
@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.
@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.
@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.
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Denton's Tweet was quoted, though!
[www.people.com]
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[cocatalog.loc.gov]
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(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.
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Damn, Denton, they have a pretty solid claim. I'm not liking your fair use odds.
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I still think Denton comes out on top.
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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.
09/24/09
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.
09/25/09