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Thread: Dark Tower lawsuit claims SK is a plagiarist

  1. #26
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    Quote Originally Posted by Mr. Rabbit Trick View Post
    Quote Originally Posted by Jean View Post
    Quote Originally Posted by stroppygoblin View Post
    Interesting that the DT books have been out for nearly 40 years with no legal action, but as soon as a Hollywood blockbuster is about to hit the scene.....
    totally moreover, there's ground for all kinds of similar lawsuits in tDT, the saga being explicitly based on cultural archetypes, allusions and direct quotes. That's the whole idea of the dark tower as a metaphysical object. Oh morons.
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  2. #27
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    This has all the hallmarks of someone fishing for a settlement. The timing is designed to put pressure on King via the movie studio to settle and avoid any bad publicity when they role out the movie. And in many cases they will settle to make this go away and avoid the potentially higher costs of defending a lawsuit. It's a pretty low move. Interested to see if King calls the bluff or settles to make this go away.

  4. #29
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    Quote Originally Posted by Lookwhoitis View Post
    Quote Originally Posted by Mr. Rabbit Trick View Post
    ^^^^^^^^^Look who it is! Welcome back Jean.
    Nice one

  5. #30
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    I would not give this "lawsuit" the attention it's now getting.

  6. #31
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    Quote Originally Posted by frik View Post
    Am I the only one who's disturbed by this robot's massive nipples?

  7. #32
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    Also, if you try hard enough, you could find strong similarities between anything. This seems like a pretty bold accusation.

  8. #33
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    Quote Originally Posted by Girlystevedave View Post
    Quote Originally Posted by frik View Post
    Am I the only one who's disturbed by this robot's massive nipples?
    I am too, but now that you made me look … am I the only one that thinks the robot’s torso was the prototype for Pennywise
    Perhaps I am simply a madman who dreamt of being sane for a little while.
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  9. #34
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    Intriguing art style! I am reminded of Mark Schultz's "Xenozoic Tales".


  10. #35
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    Quote Originally Posted by CyberGhostface View Post
    What grounds are there to sue on even if King used the character as inspiration? Can you copyright vague character archetypes?
    You can sue anyone for any reason. For the suit to proceed there must be a cause of action. If you want to win a copyright suit, there must be an actual infringement of intellectual property that causes actual harm which must be proven.

    Quote Originally Posted by Bev Vincent View Post
    Given that King created Roland in 1970 and had the first parts of The Gunslinger finished and ready to go into the publication cycle at F&SF for a 1978 appearance, and that The Rook didn't come out until 1977...
    Quote Originally Posted by Philzilla View Post
    You should know, are the colored pages on display at the UM SK collection? Because that would settle the issue I would think.
    But your statement makes no sense, 77 is before 78, there is a 20 month gap between The Rook first being in print and The Gunslinger first appearence. I can say I wrote The Gunslinger, but if I can't prove it....
    And did SK also say he has actually read the comic book?
    It makes perfect sense. 1970 is before 1977. King owned the copyright in 1970. He can probably prove it with the testimony of several different people who were privy to his writings. Reading the comic in 1977 is irrelevant.

    Quote Originally Posted by Lurker View Post
    I'd like to see the original filing. Have any of the newspaper reports even mentioned what court it was filed in? Sloppy reporting.
    There is no info about where the suit was filed or who filed. The actual creator is dead, so it isn't him. The publisher is bankrupt and sold the rights, so it isn't them. The company that bought the rights might be suing, but both New York and Maine have limitation statutes that should preclude a cause of action.

    *

    This has all the earmarks of a frivolous suit. I'd like to see some actual news reporting on this instead of just tabloid rumors. Unfortunately none exists.
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  11. #36
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  12. #37
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    Quote Originally Posted by Br!an View Post
    This has all the earmarks of a frivolous suit. I'd like to see some actual news reporting on this instead of just tabloid rumors. Unfortunately none exists.
    #FakeNews #MAGA #LOL

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  13. #38
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    Quote Originally Posted by Girlystevedave View Post

    Am I the only one who's disturbed by this robot's massive nipples?


    I am slightly turned on!

  14. #39
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    Resting Dane is...The CRook!

    Also The Toronto Sun isn't a tabloid, so either they are running a tabloid's story or they had some valid information from a source.
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  15. #40
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    Quote Originally Posted by Mattrick View Post
    Resting Dane is...The CRook!

    Also The Toronto Sun isn't a tabloid, so either they are running a tabloid's story or they had some valid information from a source.
    The only source I'm aware of was TMZ. The Toronto Sun article credits TMZ as the source. There is absolutely no original reporting in the Sun article. They are simply regurgitating the swill.
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  16. #41
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    Quote Originally Posted by Br!an View Post
    Quote Originally Posted by Mattrick View Post
    Resting Dane is...The CRook!

    Also The Toronto Sun isn't a tabloid, so either they are running a tabloid's story or they had some valid information from a source.
    The only source I'm aware of was TMZ. The Toronto Sun article credits TMZ as the source. There is absolutely no original reporting in the Sun article. They are simply regurgitating the swill.
    Brian's right. I looked at the The Toronto Sun since it was an actual reputable news outlet, unlike TMZ. And they quoted TMZ as a source.

    After some more digging, I did find THIS article by a man who actually claims to have real information (i.e. has read the actual complaint). I cannot comment on his veracity as I have never been to the website before and I no longer have a PACER password, but the information he has appears to be good. And if the facts that he is stating are true, than this lawsuit appears to be a bigger turd than I originally thought.

  17. #42
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    Quote Originally Posted by dnemec View Post
    Quote Originally Posted by Br!an View Post
    Quote Originally Posted by Mattrick View Post
    Resting Dane is...The CRook!

    Also The Toronto Sun isn't a tabloid, so either they are running a tabloid's story or they had some valid information from a source.
    The only source I'm aware of was TMZ. The Toronto Sun article credits TMZ as the source. There is absolutely no original reporting in the Sun article. They are simply regurgitating the swill.
    Brian's right. I looked at the The Toronto Sun since it was an actual reputable news outlet, unlike TMZ. And they quoted TMZ as a source.

    After some more digging, I did find THIS article by a man who actually claims to have real information (i.e. has read the actual complaint). I cannot comment on his veracity as I have never been to the website before and I no longer have a PACER password, but the information he has appears to be good. And if the facts that he is stating are true, than this lawsuit appears to be a bigger turd than I originally thought.
    I have a PACER account. I had to update my billing info though. It wasn't automatically approved, so I can't search yet.

    I did find a picture of the plaintiff though.
    Spoiler:
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  18. #43
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    I was finally able to search the database...

    There is a three year statute of limitations under Federal copyright law. Plaintiff claims he received an assignment of copyright from William B. DuBay (January 11, 1948 – April 15, 2010). This assignment would have to have been executed at least seven years ago due to the death of William B. DuBay. Any violation of copyright prior to three years ago cannot be part of this action. Plaintiff claims King committed "fraudulent concealment" which tolls limitations and allows the suit. That's a weak argument IMHO.

    Complaint
    Last edited by Br!an; 01-02-2018 at 06:47 AM.
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  19. #44
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  20. #45
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    A Few Questions For The Lawyer-ly Types...

    As a total layman when it comes to this stuff, by the time I finished reading the 33 page complaint I was thinking to myself "damn, maybe there is something to this". I know that you folk get paid a pretty penny (and deserve it!)to paint the best picture possible for your clients, starting with the complaint.

    Question 1. In reality, was this complaint well done? From a pure point of Law, were the arguments well made?

    As a Constant Reader and Servant of The White, I will always defend the vision of Sai King and the worlds he has created. However...

    Question 2. If this were to actually go to trial, can any of you speculate as to whether Kings' lawyers would argue this from the point that there was no infringment, or only that any statute of limitations has been exceeded. While choosing the second option would be a perfectly viable defense, wouldn't it also create an atmosphere of King not denying the influence of The Rook and having "gotten away with it" on a technicality, possibly tainting his legacy?
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  21. #46
    "I'm working on my sense of humor" Br!an seldom gets put on hold Br!an seldom gets put on hold Br!an seldom gets put on hold Br!an seldom gets put on hold Br!an seldom gets put on hold Br!an seldom gets put on hold Br!an seldom gets put on hold Br!an seldom gets put on hold Br!an seldom gets put on hold Br!an seldom gets put on hold Br!an seldom gets put on hold Br!an's Avatar

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    I'm not an attorney. I'm a contractor with knowledge of the system. I have both filed suit and been sued.

    I don't see this as well written. It's obvious to me that the complaint was not written by an attorney. He doesn't site any case law at all. He's arguing his case rather than filing a complaint. He overplays some items such as "access." King had access in that he read the comics. He includes irrelevancies such as King admitting copying in On Writing, where King admitted making copies of The Pit and the Pendulum as a child.

    In order for a suit to proceed there must be a cause of action and the Plaintiff must have standing.

    As for standing...

    He claims to have been assigned the copyright. He failed to attach the assignment. He will first have to prove that he owns the copyright which is not a foregone conclusion. Bill DuBay and Bud Lewis created The Rook for Warren Publishing. What rights were given to Warren? What rights accrue to Bud Lewis or others who worked on the comics? New Comic Company, LLC acquired all rights to Warren Publishing property in 2007. Did that pre-date Benjamin DuBay's assignment? Did either actually file a legitimate assignment of copyright? If so, the first to file owns the copyright.

    The three year statute of limitations has long since expired. While fraud may well toll the statute, the Plaintiff must prove fraud before the court will recognize his standing to proceed. He'll also have to show that he remained defrauded until some time in the last three years. I highly doubt that's possible based upon the complaint.

    If he proves his copyright ownership and he proves fraud, the case will continue. At that point he's basically won and King would likely try to settle. Otherwise the case will be dismissed.

    King could always choose to settle immediately so that this doesn't affect the release of the movie.
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  22. #47
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    You may not be an attorney but you sure sound like one. I'm impressed.

  23. #48
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    Quote Originally Posted by zelig View Post
    You may not be an attorney but you sure sound like one. I'm impressed.
    I only play one on the internet.
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  24. #49
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    I wonder if there are any public informations about that lawsuit, if it went forward etc
    Not that the person would have gained much given the film results...
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  25. #50
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    Quote Originally Posted by herbertwest View Post
    I wonder if there are any public informations about that lawsuit, if it went forward etc
    Not that the person would have gained much given the film results...
    It is still pending. I have been following the filings -- there hasn't been any activity since August but it's not dead yet, so far as I know.

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