Byrne Robotics: Second Circuit Judge Overturns Ghost Rider Decision

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John Byrne
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Grumpy Old Guy

Joined: 11 May 2005
Posts: 133324

Posted: 14 June 2013 at 5:36am \| IP Logged \| 1

It's not really gaining traction, though. All this ruling says is that the facts aren't so clear cut that the case can be disposed of without a jury. Friedrich could certainly still lose if it were to go to a jury.

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Going to a jury could be to Freidrich's advantage. Juries sometimes favor the "little guy" over the "big bad corporation". Especially in "creative" cases.

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John Z Cannan
Byrne Robotics Member
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Joined: 30 November 2011
Location: United States
Posts: 181

Posted: 14 June 2013 at 7:44am \| IP Logged \| 2

The standard for originality is quite low. As one case said, "No matter how poor artistically the `author's' addition', it is enough if it be his own."

What Friedrich might have over his word against "Marvel's" is that Marvel gave Friedrich a "conceived and written by" credit and wrote in a Bullpen Bulletin that he "thought the whole thing up."

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