Well it looks like we all have plenty to talk about again…
Mike S
I have a good friend in Kaifeng,China http://en.wikipedia.org/wiki/Kaifeng were Black market movies are sold world wide . I’ve been sending Mr Shong money to buy case after case of dvd’s to burn Floyd’s movie. I’ll make a bigger killing than Floyd in the black market. When you want something pirated go no were else China is the place.
You got yo love how he admits online that he is going to break Federal Laws. When the movie does end up on the “black market” now you know who to call the feds on. The guy is admitting to a federal crime even before he actually does it. Yeah, real smarts there! He is a brain indeed.
I bet Billy’s foot is pretty far up Creedon’s ass right about now.
I can just hear it:
“But Billy Matt Kiley is writing a brief!”
Mistaken Identity
Yeah, and the poor fool thinks I’m Felkoff:
“[SIZE=2]HEY FELKOFF A.K.A. KUNG FU PIMP. [/SIZE]At least I didn’t get my friend killed with my bad punctuation. You got your friend killed, by you being who you are.”
As dense as he ceaselessly proves himself to be, I shouldn’t be at all surprised at how quickly he jumps the gun and drags the wrong person’s name through the mud.
What a sad little fool.
For the record, I’m a little younger than Felkoff. As a matter of fact, I’ll only be 39 on the 24th of this month. Felkoff is clearly my senior.
On my Myspace page there’s a picture you can post to your blog, ‘tard boy. It’s the one where I’m givin’ the finger.
http://www.myspace.com/kungfugripzine
All right, I think I’m done pickin’ on the slow kid. I’m feelin’ like a bully… and I hate bullies.
- Paco
What I want to know is was the case dissmissed against Mr. Webb?
If yes than Mr. Webb did indead win the case.
If no than Mr. Webb won nothing yet.
Am I right about this?
Ken Patricio
Ken,
All I know is what Floyd has posted. I do not believe that the case has been dismissed. The info I have is according to Floyd, Aguiar was informed that Floyd is well within his claims of fair use and according to Creeden Floyd was informed that Aguiar does hold the copyrights. I for one would like to see the court transcripts, that is the only way we will know for sure what is happening. I do tend to believe that the statement about fair use is probably true do to the anger coming out.
Mike S
Did I win? I think so.
Let’s be clear so there are no more questions.
I have a technical win in that the judge has determined that I have the right to fair use of the materials I have. I will go out on a limb here and risk irritatiing my lawyers and say that includes the footage that Creeden sold Sheppard for 1000 bucks.
When the judge asked Aguiar why he did not sue Creeden, the transcript will show that Aguiar threw his hands up and said, “Your honor, that’s coming!” He then went on to admit that he was not sure if Creeden Jr. shot the film or not. If I am not mistaken, he submitted no paper work or agreement between his father and Creeden, Jr.
As I said the transcripts will show this. All the spin in the world will not change the actual transcript. It will all come to light whenever the transcript becomes available.
Aguiar has been warned that if he pursues the case based on what he has, he is likely to lose.
Fair Use is FIRMLY established per an open court statement by the judge. If with a lawyer he can come up with new information then so be it
There is a conference set for March 6 to decide what Mr. Aguiar wants to do with his newly acquired lawyer. Anymore questions? Wait until after March 6.
Floyd,
Thanks for the information.
Mike S
Floyd, I think at this point it’s going to be difficult for you to make this film more interesting than all this legal drama that is preceding it. One thing for sure is that Aguiar’s lawsuit has worked wonders as far as helping to promote the film. I can only imagine the crowd of people just from Bullshido that will go see it now that otherwise wouldn’t have.
Aguiar said suing Creeden was coming! Somehow, I don’t see how that can be true when Creeden is running Aguiar’s BDFS blog… unless of course it’s actually Aguiar running the blog and just using Creeden’s name (as I suggested a few months ago).
In the end, one thing I am very happy about is that the folks here on Bullshido have finally been able to see that the BDFS that Asshida was running was not the real BDFS and there is a lot more to Count Dante than just a guy placing ads in comic books. That really used to bother me a lot to see people calling Dante a fraud and associating the BDFS with Asshida. Although, I have to admit Aguiar and Creeden, instead of improving the BDFS reputation have actually made it worse. What a shame.
Free publicity!
Creedon will probably be handed a viscious beating by Billy.
Creedon is clueless about copyrighting materials. Again, I picked Creedon apart on this point because it is relevant to this case. I don’t know if Jawney really thinks his dad retains rights to those photos or not. He could be a little slow.
I know Floyd is constrained in what he can say because of his lawyers so I can speak to a few copyright issues because I am not constrained. AS far as Floyd’s case this example is hypothetical.
Ok, lets say Floyd comes to me and wants to use one of the articles, or the photos I did for an article and I agree to sell it to him. First I don’t own the materials exclusively, I have an interest in the materials as the author, but the magazine that bought the article and materials has a greater interest! They are the people that determine whether Floyd can use the materials not me! even though I wrote the article. These materials do at a certain point become public domaine. Therefore fair use applies to them. The point is that Floyd can use these materials and I cannot ask for a fee. The magazines probably can only ask that they be given credit as the source of the materials because of fair use.
And this is why Jawney and Billy cannot ask for money for that footage that Creedon footage. Unless Creedon senior has a contract that gives him exclusive rights to the photos that is the end of the story. The judge told Billy “sue Creedon for selling the photos” because even though Creedon shot the photos they no longer belong to him.
AS I see it what Billy has tried to do is claim ownership over materials he has no ownership interest in. The Falls River gang basically figured out that they could shake people down based on physically owning Dante’s things. But it does not work that way. Any materials that have been sold to a media source of one sort or another do not belong to the BDFS any longer.
I would encourage anybody… and I have had this discussion partially with Sam, albeite informally regarding written materials, that when you write, or photograph something, think very carefully about how you sell it. I don’t freelance anymore because it is not worth 400 dollars or so to lose all control over how my work is used! In theory if Black Belt magazine wanted to, they could be sold to a porn company and use your head photographed in a martial arts pic, on another body in a sex position on the web. I am not kidding. I am not saying they would do this but I am using this example to illustrate a point.
This statement ranks right up there with your analysis of the student teacher relationship…“If you accept your sensei’s rank then you do whatever he says” yeah jump from the Brooklyn Bridge, yes Sensei! Dude you are not the gadfly, nor the devil’s advocate you want to be… trust me on that. The sooner you abandon this persona ( persona non grata for sure) and maybe try to understand the issues in the case, one of which I outlined to the best of my ability in this thread, the better.
I am not a lawyer, and I don’t want to derail the thread too much; however…
There are really to issues here: copyright and fair use.
If the Judge determines that Floyd is within his rights for Fair Use then it doesn’t matter who owns the copyrights.
As far as the copyrights go. The laws of copyrights have changed quite a bit over the years. When Count Dante was alive the law was that you had to register your copyright in order to be able to enforce it. So if you did not register your copyright you lost it. Today you own the copyright to everything you create yourself. They have also changed the rules about transferring copyrights and you must explicitly give your copyrights to someone else.
All of these are points well made. Even if William has exclusive copyrights on the 1968 book fair use still comes into play. If the judge (or the jury) rules that Floyd is well within the terms of fair use then this whole thing is over. Maybe through mediation with their attorneys Floyd and William could reach an acceptable agreement to both of them. However there is a lot of water under the bridge so I dont know how likely that would be.
Mike S
Well,
Very interesting post by John C on his blog. I guess things are not too good between him and William. Then again, you never know what to believe. Back to the Daytona 500.
Mike S
[URL="http://cyberlaw.stanford.edu/system/files/10.12.2007+[Aguiar+v.+Webb]+Opposition+to+Motion+for+Preliminary+Injunction.pdf.
"]UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS, Civil Action No. 07-CA-11673-MLW, though obviously written in favor of Webb, has a lot of useful and objective info, including info about how poorly the Fall River gang understands what they are trying to do.
It was inevitable Mike. It is pathetic is what it is.
hahaha jawney and his retarded flights of fancy:
“see i lived in japan and see i had a fmily emergency that;s why i wasn’t in court, and see, i used to have certifcates but my dog ate them and see, here’s my black belt… well, just a picture of A black belt without anybody wearing it… and see, i live in my daddy’s basement and wish that i had the same military experience as him… and see, i have a small penis.”
keep talking shitbag. i can’t wait until your mouth lands you in prison, and that same mouth causes you become someone’s bitch.
einstein says:
“Well Billy tried to sell my father down the tube’s , thats alright. I now all the secrets about everything and I’m ready to tell. Floyd and Billy thats it I’m out Floyd’s fucking me over with Barron and now Billy fucking me over with court. Ya I love it. Now what secret do you want to now.”
we want to know ALL of them creeden, and we want you to post them on numerous public forms. we also want you to embellish, slander, lie and defame to your heart’s content. and i bet billy does too, because lord knows he’d appreciate the money.
douche.
You know (and notice I said know not now) I asked a simple question about the case,and I have to put up with bullshit on this blog from some assfuck.
All people say is how insulting creeden is, but take a good look at yourself,are you not just as insulting.
I asked a revalent question and mike s. and Mr. Webb gave me a good direct answer,thank you Mike and Mr. Webb.As to you Dsimon fuck you and the corn cob you must have stuck up your ass!!!
Kenneth Albert Patricio,born Fall River Mass. on 5/27/73 to Phyllis Ann Patricio the brother of John Paul patricio
Floyd, once you get the transcript of the court transcript could you please either have it hosted on the net, or send me a copy so I can arrange for its hosting? It would clarify a lot of questions.