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Thread: Henley v. DeVore

  1. #31
    Administrator sodascouts's Avatar
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    Default Re: Don in the press

    Very interesting! There has been some attempts to control the breadth of the Lanham Act, like Dastar Corp. v. Twentieth Century FoxFilm Corp in 2003. I think if it gets to the point of ridiculousness, like in the scenarios we discussed (luckily it's not quite that bad yet), we'll see more verdicts limiting it. When it would really get interesting is if two people equally associated with a piece of intellectual property want to do different things with it - one wants to allow a satire, one doesn't, both feel strongly.... could get ugly! lol

    But that's what the lawyers are for - to hammer out stuff like this, right? It's why the law is so mutable - when one act starts getting out of control, new laws come along to limit it. In the legal field, one can never really say "this law means that" because another lawyer will argue it doesn't! And each will pull out precedents... I guess it's all about which lawyer argues the best and the mood of the judge rather than which is truly in the right, eh? Depressing thought. Thank goodness for honorable lawyers, though!

    We say we know the Ataris would lose the example case, but how many times has a verdict been pronounced that made everyone's jaw drop? You hear about some cases that just make you cringe - The burglar who sued a homeowner for hurting him in the midst of the robbery, and won - and the homeowner went to freaking prison. The murderer whose lawyers were able to figure out a way to get him acquitted by a defense that amounts to "gay panic" (I know the defendant's lawyer would not characterize it as such, but the result is the same - murderer acquitted with a defense that seems ridiculous. I'm thinking of the Joseph Biedermann case). Obviously the jury comes into play in these cases but my point is that the court is unpredictable and anyone who thinks they have it in the bag better not get too cocky. I guess that's why there's appeal, though.... and why so many choose to settle.

    Again, thanks! But I have to admit the thought of the Dixie Chicks, who had a bigger hit with Landslide than Fleetwood Mac, could argue that they could control Stevie Nicks' work regardless of her wishes makes me hoppin' mad!!

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  2. #32
    Administrator sodascouts's Avatar
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    Default Re: Henley v. DeVore

    Well, Chuck DeVore's piped up again! He's posted an "update" on the case on the Big Hollywood blog.

    Always in our hearts, Never forgotten

  3. #33
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    Default Re: Henley v. DeVore

    So he justifies stealing Henley's work by saying that 'Free speech using a culturally-savvy delivery is far too powerful to leave as the sole province of the Left'.

    Perhaps if conservatives came up with some positives instead of the endless negativity and hatred of The Left their message might resound with more of the people they wish to reach. (This is MY OPINION only).

    As for 'liberals been liberals since I don't know when' - yes, and actually, some of us are proud of it. There's that pejorative use of the word 'leftist'. You can almost hear it being spat out.

    Also, I have never seen any interview where Henley ardently supported Obama. In fact, in the Rolling Stone cover story he went ouf of his way to praise Clinton & McCain. I was under the impression he supported Clinton.

    Does it occur to him that perhaps Henley only wants to protect his intellectual property?

    I don't like posting this sort of stuff, but I'm afraid I felt that I had to in this case.

  4. #34
    Administrator sodascouts's Avatar
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    Default Re: Henley v. DeVore

    Perhaps if conservatives came up with some positives instead of the endless negativity and hatred of The Left
    Talk about negativity... What an unfair hyperbolic generalization.

    That kind of vilifying rhetoric and the divisiveness it feeds are what keep this country from progressing.

    Just my opinion.

    Always in our hearts, Never forgotten

  5. #35
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    Default Re: Henley v. DeVore

    Soda, I very rarely comment on politics on this board. From where I am all l am seeing is the Republicans and the Tea Party people who say NO to everything and are 'anti' everything to do with government spending. My point is that if they wish to defeat the Democrats they have to come up with some alternatives. Instead all they appear to be doing is demonising Obama and the Democrats. If we've been given a distorted impression of this by our media I can only apologise.

  6. #36
    Administrator sodascouts's Avatar
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    Default Re: Henley v. DeVore

    When a Republican president was in the White House, the Dems were the obstructionists. Now it's the other way around. All these politicians care about is power. If an idea comes out of your party leader's mouth, it's golden. The same idea comes out of the mouth of the other party leader, it's horrible. Sadly most people don't recognize the BS because they're too busy straight-ticket voting and parroting the talking points of their party.

    Very frustrating. No wonder so little gets done in the United States government - progress requires cooperation. When the Dems control the presidency and both houses of Congress and still nothing gets done, you have to ask, why? It's because there has to be cooperation. NEITHER party seems to be willing to do that in any meaningful way, and so the U.S. government is crippled no matter who's in the White House.

    Always in our hearts, Never forgotten

  7. #37
    Border Desperado pueblo47's Avatar
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    Default Re: Henley v. DeVore

    Ever heard the term "yellow dog Democrat"? Very common here in the south where the die-hard voters say they would vote for a yellow dog if it was a Democrat. And they ain't kidding.
    So if you see me walking all alone, don't look back. I'm just on my way back home.

  8. #38
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    Default Re: Henley v. DeVore

    Soda, as usual you make a valid point. You sound like my husband: 'all they care about is power'.

    Sorry to go off topic. As I said I really try to avoid talking politics here.

  9. #39
    Administrator sodascouts's Avatar
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    Default Re: Henley v. DeVore

    Well, I jumped off topic with you, lol.

    I've just become very disillusioned. I used to be such a hardcore Republican, but now I have no party affiliation because I feel the GOP is full of selfish hypocrites. The Democrats are just as bad. All they care about is staying in office and pleasing the people who fund their campaigns. Maybe I'm being too cynical but that's what it seems like to me. I didn't even vote in the last election because I didn't care who won. They're all the same. So far, Obama's administration bears me out. There has been very little substantive change, and it's all because of the petty power plays by politicians on both sides of the aisle.

    Always in our hearts, Never forgotten

  10. #40
    Stuck on the Border TimothyBFan's Avatar
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    Default Re: Henley v. DeVore

    I always vote--sometimes Republican, sometimes Democratic and I never vote straight ticket-I vote who I think could possibly help us out. So far, my strategy hasn't worked. I said last election, "I will vote for the lesser of the evils", & it saddens me to have to look at it that way.

    Soda-you were spot on---They want the power and will say and do whatever it takes to get the votes and then when they get into that office it seems as if nothing ever comes of what was said. Your line, "I've just become very disillusioned.", says it all and I think millions of others feel the same way and that saddens me very much.

    As far as the suit, I guess I can see both sides of this. Maybe Mr. DeVore is in the wrong by using someone else's song to further his political career but I also have to add that I am sick & tired of hearing about Mr. Henley suing anyone and everyone whenever they do things that don't go along with his beliefs. It must be nice to have enough $$ and lawyers at your disposal to do this.

    Just a thought, I wonder if Don has ever had a thought of running for political office. He really should. JMO
    He sings it high, he plays it low

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