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Article #75248

Re: Patents (was Re: Copyrights)

#75248
From: David Williams
Date: Thu, 30 Aug 1990 17:21
75 lines
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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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References: <1385@necis.UUCP> <67632@sgi.sgi.com>

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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
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Posted: Thu Aug 30 18:21:16 1990