Comments on: 3 Count: CuBert?

By: Jonathan Bailey

Jonathan Bailey — Tue, 10 Feb 2009 17:10:09 +0000

It's hard to say who knew what and odds are we never really know. It's not a major point either way. Typically, when you're negotiation or engaging in dialog, you do provide some warning before filing a lawsuit, but you are right that it was as wise move on Fairey's part to strike first. It not only lets him set the tone, select venue and generally control the lawsuit (unless the AP files a separate one), but if he can get the judgment, it heads off anything the AP might try, greatly keeping down litigation costs.Smart move all around. It might have been a bit hard-nosed but didn't I just say last week that Falzone was a fighter of an attorney? If the AP had really checked this guy's record they would have seen it coming. Softball isn't his game.

By: cybele

cybele — Tue, 10 Feb 2009 17:05:14 +0000

It just reminds me of a scene in Clueless, where Cher's father calls her into his office and shows her a "second notice" for a ticket she got. She counters with "Second notice? I never got a first notice!" Her father says, "The ticket was the first notice."I think AP probably knew what was going on here, and looking for sympathy because someone wasn't being "polite" when they've been so hardnose about even being quoted is rather amusing. Fairey is probably wise to pursue a definitive judgment at this point.

By: Jonathan Bailey

Jonathan Bailey — Tue, 10 Feb 2009 14:18:52 +0000

Excellent question. I actually asked my attorney friend about that after I read it. Yes, the AP will be served with the suit but that can take some time. It might have already happened but sometimes serving can take a while depending on where you are and where the suit was filed.Also, there is kind of an honor code here. Before filing suit, most attorneys, if they are working with one another, will drop a copy of the lawsuit to the opposing attorney before filing. It's a pretty common practice and consider the polite way of handling things. Apparently Fairey's team didn't do that in this case as they did not feel they were warned. So, even though the courtesy copy and warning is not required in the law, it is considered polite.

By: cybele

cybele — Tue, 10 Feb 2009 14:07:06 +0000

"Instead, he chose to file on Monday morning, without any notice to AP.” Isn't the filing itself notice to the AP?

By: Jonathan Bailey

Jonathan Bailey — Tue, 10 Feb 2009 10:52:36 +0000

Somewhere, you just made a stoner very happy…

By: Michael

Michael — Tue, 10 Feb 2009 10:15:07 +0000

Maybe if the CuBert developers has replaced Q*Bert with a 3D Pacman, replaced the color-changing squares with edible pellets, replaced the snake and other jumping enemies with jumping ghosts, replaced the bouncing balls with Donkey Kong barrels, and replaced the escalator circles with Galaga ships, there wouldn't have been such a problem.