3 Count: Vamprechaun

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: Blizzard Wants $8.5 Million Copyright Damages From “Cheat” Maker

First off today, Ernesto at Torrentfreak writes that Blizzard Entertainment has filed for a default judgment in its case against Bossland and is seeking $200 per infringement, an amount that would total more than $8.5 million if it is granted.

Bossland is a German company best known for making cheats for various games, including several owned by Blizzard. Blizzard sued claiming that the cheats violated the Digital Millennium Copyright Act (DMCA) anti-circumvention rules. Bossland initially attempted to have the lawsuit dismissed on jurisdiction grounds but, after that failed, the company went quiet, not showing up in court.

Now, Blizzard has submitted a motion for default judgment. Since Bossland previously testified it sold 118,939 products to users in the U.S. and that 36% of those were for Blizzard games. That means Blizzard is asking for $200 on some 42,818 infringements, an amount that would equal $8.56 million if granted.  However, Blizzard noted that, since the matter is going to a default judgment, it may be more difficult for them to collect on the award, calling the move a “bad faith” tactic.

2: Jeff Koons LLC and the Centre Pompidou are Both Found Liable for Copyright Infringement in Paris Court Case

Next up today, Alexis Fournol at The Art Newspaper reports that the High Court of Paris ruled that 1988 sculpture by Jeff Koons was an infringement of a 1975 photograph by photographerJean-François Bauret. 

At issue is Koons’ sculpture named Naked, which is a three-foot tall work featuring a nude boy and girl. According to the lawsuit, it infringed Bauret’s earlier photograph with the court both upholding Bauret’s originality and the infringement. The court awarded Bauret’s estate €20,000 ($21,400) for infringement on heritage and moral rights in the original work.

The low amount is due to the fact that the case as solely over a reproduction of the statute an exhibition catalog. The original Naked has not travelled to France so the work, which could fetch millions at auction, was not under the jurisdiction of the court.

3: ‘Leprechaun’ Creator Sues Over ‘Vamprechaun’ Film

Finally today, Ashley Cullins at The Hollywood Reporter Esquire reports that Mark Jones, the man behind the horror/comedy Leprechaun film series, has filed a lawsuit against Lance Thompson over a “Vamprechaun” movie about a hybrid leprechaun and vampire.

The battle started over a meeting the two had to discuss the idea. According to Jones, Thompson seemed enthused about it and Jones wrote a spec script that was registered with both the Writers Guild and the U.S. Copyright Office. However, Thompson’s financing efforts were not successful and the two seemingly parted ways on the subject.

When Jones was able to secure financing down the road, he wrote Thompson, who he believed to be a lawyer, for legal advice. Thompson, who turned out not to be licensed to practice law, then went on to present himself as the co-creator of the character. This prompted the financiers to back out and that caused Jones to sue for copyright infringement as well as slander of title and both negligent and intentional interference.

Suggestions

That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

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