Tomorrow is Zombie Nation day [case postponed now]

[Vosla]

They can't pull that for long. Use a f***ing ship, goddamn!

[Chris Abbott]

New Court Date: September 15th.

[merman]

Zombie Nation (at least, a snippet of it as a background tune in the stadium) appears on Madden 11...

[Chris Abbott]

Zombie Nation (at least, a snippet of it as a background tune in the stadium) appears on Madden 11...

Yep, Dave W. already spotted it actually. Rest assured, action will be taken when the Munich case is successful. Still in about three weeks, I think, but you know courts and delays...

Chris

[mistermsk]

Today is September 15th. Anyone heard anything about the case? Is it still on for today?

[Chris Abbott]

I'm not entirely sure. The legal deadline for papers was Friday, and I know our lawyer got in his last documents. Apparently the first step is a "conciliatory" hearing where they try to get people to agree without going through the whole court thing. I'm not sure if that's what was today. As soon as I can say something else, I'll post. Still ongoing though.

Chris

[Chris Abbott]

Actually, today was indeed the first hearing. I just heard back.

Basically, it's the first step in the process, but the judges had real problems understanding copyright law (and, in some instances, even German law). However, they didn't seem to have any problems with the following:

1) That David wrote Lazy Jones
2) That David can use the melody himself
3) That the case should be dealt with in a German court

Which is encouraging.

Unless some formal mediation happens and results in an agreement (unlikely), the next date to watch when things really kick off is 20th December.

In Finland the judges there also had great difficulty with copyright law, or even assessing evidence. I wonder if things are getting worse, or what?

Chris

[Vosla]

However, they didn't seem to have any problems with the following:

1) That David wrote Lazy Jones
2) That David can use the melody himself
3) That the case should be dealt with in a German court

Which is encouraging.

Yes, it is.
Mind you that german legal system doesn't allow for strange decisions based on some precedence case.
From the judges side, it's almost logical for David to win.
Now enter the hack lawyers ... and let's see what the victory will look like and how much dung will be flung in court.

[Chris Abbott]

His main case seems to be that since everyone associates the tune with him, he owns it now, and that if David did something with it that he didn't like, that it would be defamation of Zombie Nation's musical character.

i.e. "No, I'm not giving it back, everyone says it's mine now, I hate you, you'll just break it".

Which is the argument of a three-year old, really. But with lawyers.

[beyond]

But ZN has more money to buy lawyers with. So, if ZN wants to he can just go for financial fatigue on David's behalf. Unless David has found someone who will do the case pro bono?

[Chris Abbott]

But ZN has more money to buy lawyers with. So, if ZN wants to he can just go for financial fatigue on David's behalf. Unless David has found someone who will do the case pro bono?

Actually his lawyer isn't actually that great, and the financials aren't that scary for me or David (thankfully). High Technology Publishing (that's me!) has signed a co-publishing agreement with a third party (M1 Records in Germany), and it's them taking the action and footing the bill. So we have pretty good lawyers on this one working on David's behalf: Sasse and Partners in Germany.

Chris

[Extaticus]

http://en.wikipedia.org/wiki/Sean_Of_Th ... Soundtrack

^ Check out track nine.

Perhaps this could be used as evidence?

http://www.youtube.com/watch?v=44ymWXNFd2Y

And good luck, by the way; show those thieving scumbags the real consequences of intellectual robbery!

[mistermsk]

Just seeing if there is any update on this?

[Chris Abbott]

Just seeing if there is any update on this?

"the next date to watch when things really kick off is 20th December."

[Chris Abbott]

Finally word from the court came through and... judgment is postponed until March at the earliest

However, it's looking not too bad.

Chris