Why some ok without releases so not?
klipper
12 Jun 2008 16:40
There has been some really useful and enlightening discussion on this thread. Thanks Vader for some good references and sources.
I would like to add, though, that rights often have to be defended in a court of law, at potentially debilitating expense. For example, IBM employed the tactic of 'litigate to death' to help maintain its dominance of the mainframe market. They could afford to bring suits that they had little chance of winning, knowing that their opponent would run out of money for legal fees before they did.
Its a lesson not lost on most American businesses. In many cases the question is no longer whether something is right or wrong, protected - or not - by the Constitution, but simply, will someone sue us? Will that someone have deeper pockets and better lawyers than us?
These questions are built into any sensible business plan today, and color much of the decision-making across the breadth of the media industry.
I would like to add, though, that rights often have to be defended in a court of law, at potentially debilitating expense. For example, IBM employed the tactic of 'litigate to death' to help maintain its dominance of the mainframe market. They could afford to bring suits that they had little chance of winning, knowing that their opponent would run out of money for legal fees before they did.
Its a lesson not lost on most American businesses. In many cases the question is no longer whether something is right or wrong, protected - or not - by the Constitution, but simply, will someone sue us? Will that someone have deeper pockets and better lawyers than us?
These questions are built into any sensible business plan today, and color much of the decision-making across the breadth of the media industry.
dapoopta
13 Jun 2008 04:06
But in the end isn't it p5 that has to choose what is right and what is wrong? And they will be the ones being sued, not the contributor... right?
from xxxlaw site posted earlier :
Joe Obenberger will speak at a legal seminar for adult webmasters at Internext, Friday afternoon, August 3, 2007, at 2:30 pm.
Now all I need is to find a time machine and go listen to this :-)
from xxxlaw site posted earlier :
Joe Obenberger will speak at a legal seminar for adult webmasters at Internext, Friday afternoon, August 3, 2007, at 2:30 pm.
Now all I need is to find a time machine and go listen to this :-)