shoot this man

[Draft Dodger]

I'm generally not in favor of the death penalty, but, really shouldn't we just sue this guy and spare everyone else a great deal of mysery?

http://examiner.net/stories/110403/new_110403010.shtml

the story:

When Independence police officers arrived at an accident on U.S. 24 Saturday night, they had no idea it might cost them $500,000 to write down the offending driver's name.

But when they asked Daniel Smith, 45, the driver of the striking vehicle, for his driver's license, he told them his name was copyrighted. Instead of handing them his license, he gave them a piece of paper he had generated on a computer saying that anyone who duplicated his name in any fashion would be subject to a lawsuit.

According to police reports, he then told the officers that he would not turn over his license unless he was given a receipt. When the officers informed him that he would be getting his license back, he refused and demanded a receipt.

The officers then called in for a supervisor. After he arrived, he was immediately added to the list of people being sued.

When the supervisor explained that Smith would need to contact the city's Law Department, he said each time his name appears on any document it was a $500,000 action and if it was not paid within 10 days, it goes to $1.5 million.

Failing that, Smith said judgments would be entered against all parties involved and their property.

After the officers wrote tickets to Smith for expired tags, careless driving and improper registration, he refused to take back his license until given a receipt.

According to the police, when asked why he did not want his license back, he said the more times his name was written, the more money he would get.

He was offered a field receipt and sent on his way.

And by the way, although a person can legally copyright their name, under fair use laws, anyone can write down that name so long as they are not making money from it.

[mckerney]

Shooting him may not be enough...

I'ma get mideval on your ass..

[johnnyshaka]

Great for a laugh...I can just picture the guy pushing his glasses back on the bridge of his nose and crossing his arms in disgust.

Goddamn lawyers.

[mckerney]

The pathetic part is that he probably actually believes he's getting the money...

[albionmoonlight]

Every time I have been pulled over by a cop, I have not said anything to him that did not end in "sir."

I just don't see the percentage in trying to piss off an officer with stupid stuff like threatening lawsuits.

[SackAttack]

Originally posted by Draft Dodger
And by the way, although a person can legally copyright their name, under fair use laws, anyone can write down that name so long as they are not making money from it.

Well, if he's being ticketed, the city is making money, technically speaking.

Although I would tend to think that the judgment against the officers and their supervisors would likely be thrown out, as they have nothing personally to gain from it.

[mckerney]

Originally posted by SackAttack
Well, if he's being ticketed, the city is making money, technically speaking.

Although I would tend to think that the judgment against the officers and their supervisors would likely be thrown out, as they have nothing personally to gain from it.

But they're not making money off of his name, they're getting money from him because he fucked up.

[INDalltheway]

Originally posted by mckerney
Shooting him may not be enough...

I'ma get mideval on your ass..

I thought it was hiney?

[SackAttack]

Originally posted by mckerney
But they're not making money off of his name, they're getting money from him because he fucked up.

Yeah, but without his name, how are they going to pin it on him personally?

[Mark]

Driver's licence number?

[tucker342]

What an asshole. There's no way in hell this lawsuit makes it to court

[yabanci]

As a copyright lawyer, let me say this is the silliest thing I've read in a while. You can't copyright your name. First, copyright protects only "original works of authorship" that are fixed in a tangible form of expression, so it's nonsensical to say your name is protected by copyright. It's neither "original" nor a "work of authorship." Second, there are certain categories that are excluded from copyright protection, among them titles, names, short phrases, and slogans. I mean, they teach you this on day one of copyright in law school. (you could have trademark protection for a name, but this guy surely doesn't meet the requirements for trademark protection).

The other thing the copyright act has is a fee shifting provision for frivolous lawsuits. So if this guy did sue anybody, he would be liable for all attorneys' fees and costs of every defendant when the case is thrown out on a 12b(6) motion to dismiss.

This is also very bad journalism, especially with the misinformation at the end of the article.

yabanci

[Easy Mac]

Chi CHi Rodriguez copyrighted his name.

[yabanci]

Originally posted by Easy Mac
Chi CHi Rodriguez copyrighted his name.

I don't know anything about that, but there's a difference between saying you've copyrighted something and enforcing it. When you create an original work of authorship, it is protected by copyright whether you register it or not. Copyright registration is just a legal formality. So all kinds of things are technically "copyrighted." But there's no way chi chi rodriguez is going to win a copyright infringment action for his name, regardless of whatever he might say.

[dawgfan]

Originally posted by yabanci
I don't know anything about that, but there's a difference between saying you've copyrighted something and enforcing it. When you create an original work of authorship, it is protected by copyright whether you register it or not. Copyright registration is just a legal formality. So all kinds of things are technically "copyrighted." But there's no way chi chi rodriguez is going to win a copyright infringment action for his name, regardless of whatever he might say.

I think there may be some confusion between "copyright" and "trademark". Yabanci is absolutely correct that Chi Chi can't "copyright" his name, but I believe he holds trademark rights, i.e. I don't think EA could put out a Senior's PGA Golf game with his name on it without his permission. And he might have a case if some other golfer out there changed his name to "Chi Chi Rodriguez" and advertised himself as such as golf events. I took a copyright class in school and we only glanced over trademarks, so I don't know the details of how they work, but I think I'm probably close...

[Ksyrup]

What a moron.

You know, we tell clients who like to be extra-creative that chances are, if what they wanted to do could be done, people 100 times smarter than any of us would have done it a long time ago. I think this falls into that category.