Geoff_M
DIS Veteran, DVC Member, "Cum Hoc Ergo Propter Hoc
- Joined
- Sep 13, 2000
- Messages
- 11,979
Now I guess I understand your legal reasoning better. I suggest you go look at ALL of the definitions of the word "jest". It can mean more than just a "joke" or "prank". Let me restate...You were not jesting and now you want to weasel out acting like it is a joke? You admit you have nothing just like your convoluted reasoning of established cases - no substance.
You have ZERO cases that show that any fabric item made from licensed fabric can never be deemed a derivative work. Instead you have two cases that are specifically about non-original useful items and therefore not copyrightable and therefore not derivatives.... and in the most recent case (PM) the judge implicitly didn't slam the door on the notion that items made with such fabric COULD be found so if they contained enough "creative spark". This is the petard that I feel there's a chance that someone will be hoisted on.
I have ZERO cases that show that a test case that has been adjudicated at this time that has found such a fabric-related item that was found to be over the line... but the legal parameters for such a case have been spelled out, and I have pointed to them.
Zero = zero.... get it? That was the "jest".