When I blog about Seuss, I start off with a rhyme. But I think I’ll try something different this time. (Darn it…I can’t!)
Appeal! Appeal! Lately, the Star Trek fan community has been seeing more than its share of appeals. Anas Abdin is appealing the recent dismissal of his lawsuit against CBS for allegedly stealing his “Tardigrades” game idea. And Nick Rekieta reports (at the 8:40 mark of this video) that he was told that Vic Mignogna will appeal all of the nearly-twenty counts of his lawsuit that were recently dismissed by a judge in Texas.
And of course, back in August, DR. SEUSS ENTERPRISES (DSE) filed an opening brief with the Ninth Circuit Appellate Court in California appealing the dismissal of their their copyright and trademark infringement complaints against COMICMIX, DAVID GERROLD, and TY TEMPLETON.
The latter three had attempted to raise $30,000 via Kickstarter to publish a “mash-up” of Dr. Seuss and Star Trek titled Oh, the Places You’ll Boldly Go! DSE sued in federal court, and after a roller-coaster nearly-two year legal battle, the judge in the case ruled (prior to trial) that the mash-up book did, in fact, qualify for Fair Use protections under the First Amendment and dismissed all causes of action.
DSE was not happy.
After requesting an extension to give them more time to prepare their opening brief (which clocked in at an impressive 81 pages and was very well written), they filed in early August…along with four amicus curiae briefs, which are opinions submitted to the court by non-litigants who, even though they aren’t part of the lawsuit, still have a vested interest in the outcome of the case.
In this instance, DSE got help from two professors from the Berkeley School of Law, three members of The Copyright Alliance, the Motion Picture Association of America, and The Sesame Workshop (yep, Big Bird is buddies with The Cat in the Hat!). That’s another 140 pages to add to your reading list. They all mostly say the same thing…essentially that the judge got it wrong and here’s why they think so (and why the law backs up their belief).
Fast forward two months, and now its Team Mash-up’s turn to have their say. Let’s take a look at the latest goings-on…Continue reading “TEAM MASH-UP answers DR. SEUSS’s brief appealing judge’s FAIR USE ruling…”