Monday, December 16, 2013

Sarah Palin claims she cannot be sued for copyright infringement because the defendant lives in the wrong place. Wait, what?

12:15 PM By No comments


Sarah Palin claims she cannot be sued for copyright infringement because the defendant lives in the wrong place. Wait, what?
Courtesy of Deadline:

The Fox News contributor and former Alaska Governor says a copyright infringement lawsuit against her for use of an iconic photo of the U.S. flag being raised at Ground Zero on September 11 should be tossed out. “A New Jersey Sarah Palin Signs Copies Of Her New Book "Good Tidings and Great Joy: Protecting the Heart of Christmas"newspaper has chosen New York as the forum to sue defendants located in distant states, based on conduct with no particular connection to this District besides the subject matter of the photograph — a consideration that is irrelevant for purposes of venue,” lawyers for Sarah Palin wrote yesterday (read it here) in a filing in NYC District Court. “Defendants therefore seek dismissal…on the ground of improper venue or, in the alternative, for transfer of this action to an appropriate forum,” the motion memo adds.

Okay I am not a lawyer so I am not completely clear on how the place in which a lawsuit is filed has any impact on the fact that Palin used a copyrighted photo of firefighters raising the American flag on the ruins of the World Trade Cente, slapped a SarahPAC logo on it, and then posted it to her Facebook page to make money, has any bearing on the fact that she illegally used their product to make money?

Here are the papers that SarahPAC filed, which falsely claim that Palin is a resident of Alaska by the way, so perhaps one of you legal eagles can explain how her argument holds any water.

Palin, as we know, is incredibly slippery when it comes to lawsuits, having wriggled her way out of several in the last five years, so it would be no surprise to see her slither away from this own as well.

P.S. Okay having looked a little harder at the document, it appears that the problem is that the company may have filed the lawsuit in a district in which the company does not have a physical presence. In other words the lawsuit itself is not being addressed, only the legality of where they filed it.

So this is a delaying tactic that SarahPAC hopes will drain the company of resources and convince them to drop the suit, because it appears to me that they have a pretty good case.

I hope that if the court agrees with the venue argument that the North Jersey Media Group refiles and pushes forward. Because SOMEBODY needs to hold this woman accountable for SOMETHING.

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