Article View: gnu.misc.discuss
Article #75248Re: Patents (was Re: Copyrights)
From: David Williams
Date: Thu, 30 Aug 1990 17:21
Date: Thu, 30 Aug 1990 17:21
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4241 bytes
In article <1385@necis.UUCP>, adamm@necis.UUCP (Adam S. Moskowitz) writes: In article <67632@sgi.sgi.com>, karsh@trifolium.esd.sgi.com (Bruce Karsh) wrote: > In article <3231@awdprime.UUCP>, tif@doorstop.austin.ibm.com (Paul > Chamberlain/32767) wrote: >> >> Does reading a story >> then writing a new one >> with the same plot >> (with no copied text) >> infringe on copyright? > > Yes. >Oh, come on, Bruce; you're wrong and you know it! Copyright, as it pertains >to written works and films, and as defined by several thousand cases (known >as precedents) say you're wrong and I'll offer just a few examples: >Akira Kurosawa (sp?) directed a bunch of films starring Toshiro Mifune as a >samurai (The Seven Samurai, Yojimbo, Zatoichi, Zatoichi Meets Yojimbo, . . .) >Clint Eastwood starred in several movies as a gunslinger (Fistful of Dollars, >High Plains Drifter, . . .) The Clint Eastwood films were direct "rip-offs" >(to use a term I'm sure you'll like) of the Kurosawa films; or was it the >other way around? Did anyone sue anyone over those films? I don't think so. Actually, there was an article about Mifune where he stated that when he was working as an executive (in addition to acting) for Toho films that the italian director did not pay for the rights to the films AS HE SHOULD have. He did not state whether or not the japanese film company sued or settled privately about this. Toho (spelling of the film company is ??) had every legal right to sue Sergio Leone "the director/producer" of the spaghetti westerns. >"Star Wars", by what's-his-name Lucas, "borrowed" more than a few ideas from >Kurosawa's (?) film "The Hidden Fortress" and again, no suits. Some people are just nice guys I guess--did you notice that Lucas bankrolled Kurosawa's Kagemusha here in the US? Perhaps Kurosawa gave permission to use the concepts or just was not interested in persuing the matter. Have you noticed LucasFilm's lawyers attempting to rip to shreds anyone who they feel impinges on their trademarks or copyrights? Remember the stink they raised about: The pentagon using the term "Star Wars", their lawyers growling at the 2 Live Crew for one of the members referring to himself as Skywalker? >The movies "Breathless" (I think that was the one) and "DOA" were both >re-made. Same exact (!) plot, almost identical characters, just shifted a few >years forward. Suits? I'm almost certain not. Remade...by the same studios? People DO hold rights to these things and they do get enforced. Pick up a copy of Premiere magazine--you'll see COUNTLESS references to rights to screenplays, movies and such being transferred, bought or sold--or even holding up production because of such disputes. You have also forgotten the Art Buchwald suit against Eddie Murphy for "Coming to America", where he *WON* (now he just has to collect) for their taking his concept and script and claiming it for their own. >Why no suits? Because no copyrights were infringed upon. You're wrong, >Bruce. >AdamM The entertainment field HEAVILY uses legal mumbo jumbo to protect and get revenue. David Williams "We now return you to the flame fest on Bruce, already in progress" "Well I say that some like it hot, but I do not; I don't | Adam S. Moskowitz long for the cold. You see I like it in between, that's | adamm@necis.nec.com what I mean." | ...!uunet!harvard!\ "Some Like It Hot", by Carla Sciaky | necntc!necis!adamm
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 1025b4,e1d7804f0e86548c X-Google-Attributes: gid1025b4,public X-Google-ArrivalTime: 1990-08-30 10:21:16 PST Path: arc1-ca.pugleaf.net!gmdzi!unido!mcsun!uunet!shelby!apple!voder!pyramid!athertn!Atherton.COM!dlw From: dlw@Atherton.COM (David Williams) Newsgroups: gnu.misc.discuss Subject: Re: Patents (was Re: Copyrights) Message-ID: <29629@athertn.Atherton.COM> Date: 30 Aug 90 17:21:16 GMT References: <1385@necis.UUCP> <67632@sgi.sgi.com> Sender: news@athertn.Atherton.COM Reply-To: dlw@Atherton.COM (David Williams) Organization: Atherton Technology -- Sunnyvale, CA Lines: 75 Posted: Thu Aug 30 18:21:16 1990