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Audacity of Truth
Gaffetastic:
Vice President Joe Biden had his “oops” moment Wednesday speaking in a 49er-crazed SF when he told a crowd at a city political fundraiser that “the Giants are on their way to the Super Bowl.” - SF Chronicle, 1-18-12
Michael Moore sued by double-amputee Iraq war veteran
Sgt. Peter Damon is taking Moore to court:
A double-amputee Iraq-war vet is suing Michael Moore for $85 million, claiming the portly peacenik recycled an old interview and used it out of context to make him appear anti-war in “Fahrenheit 9/11.”
Sgt. Peter Damon, 33, who strongly supports America’s invasion of Iraq, said he never agreed to be in the 2004 movie, which trashes President Bush.
In the 2003 interview, which he did at Walter Reed Army Hospital for NBC News, he discussed only a new painkiller the military was using on wounded vets.
“They took the clip because it was a gut-wrenching scene,” Damon said yesterday. “They sandwiched it in. [Moore] was using me as ammunition.”
Damon seems to “voice complaint about the war effort” in the movie, according to the lawsuit.
But what the father of two from Middleborough, Mass., was really talking about was the “excruciating” pain he felt after he lost his arms when a Black Hawk helicopter exploded in front of him.
Damon wasn’t expressing any opinion about the war, the suit charges, but rather extolling the drug.
“I just want everybody to know what kind of a guy Michael Moore is, and what kind of film this is,” said Damon. He has appeared in two films attacking “Fahrenheit” -”Michael Moore Hates America” and “Fahrenhype 9/11.”
More power to him!
Read more via AllahPundit at Hot Air.
(Hat tip: Stop The ACLU)
Related Flashback: Mother of KIA Marine Cpl. Brad McCormick: “Moore doesn’t speak for me”
Prior Toldjah So posts on Moore:
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The left is lying? No. Say it isn’t so! I’m shocked!
May the force be with Sgt. Peter Damon. Truth shall overcome!
It’s unfortunate, because I thought that Roger & Me was well-researched and insightful; but his work has since taken a turn for the worse…much worse.
Roger & Me was about blaming the Evil rich the CEO of General Motors. It wasn’t the lousy cars Detroit was producing in the late 70′s and the 80′s or the Unions rules and benefits and high wages for unskilled labor. No Roger & Me was not well-researched or insightful it was a typical liberal pile of crap the evil rich exploitation and victimization of the poor blue collar working guy.
Hope Moore gets roasted in court! But I doubt that the MSM will make much of it regardless (except perhaps to whine about “censorship”). As the old joke goes:
Q: Why won’t a shark bite a lawyer?
A: Professional courtesy.
Same thing with the MSM and Moore.
It would be great fun to watch Moore on the stand trying to explain hisself. God Bless this young man!
“Hope Moore gets roasted in court!”
I’m curious to see the complaint. I don’t know if moore needs a release. It might be enoug to get one from the people that shot and aired the footage.
Plus, from reading the article, it doesnt look like his words are changed to be against the war. It looks like he’s complaining about his pain.
It would be nice to see Moore hoist on his own petard. But even if the complaint has merit, and even if it gets to court, I imagine Moore will settle. He has no desire to have the US courts find him as devoid of honor as we know him to be.
- There was no release andrew. The man wasn’t even asked for permision to use his likeness in any manner, much less in a political malaprop, inimical to his own beliefs. Its pretty much a slam dunk, even if Moore lucks out with a Liberal judge.
- I echo benning. Moore will settle, with the proviso he doesn’t have to admit wrong doing, and no discussing the case with the press on the part of the plaintiff. You can have the people you’ve wronged running around speaking “truth to propaganda” when its the way you make your living.
- Bang
“There was no release andrew”
He was interviewed by NBC News. That to me sounds like he was agreeing to go on the air. But maybe they don’t get releases, and just imply them from people, you know, participating in the interview
-Doesn’t matter andrew. The Fedral courts have ruled that all forms of communicated material are protected automatically by copyright law, in author ownership. Any commercial use, without the express consent of the author, is prohibited. Commercial interests that use such material or likeness’s do so at their own risk, sans a verbal or written release, and if its verbal you better be able to corroberate it. Third party does not eleviate you that responsibility, which the court would say Moore knew, or should have known with due diligence. He’s toast.
- Bang
- The fact that most people do not, or have no reason, to raise an objection to used material without release, does not in anyway obviate the law. If you use something without proper consents, and they decide to come after you, you’re had.
- Bang
- Moores defense will be the “Fair use” principle. But he will lose that in primary, tort Belli, because he intentionally misrepresented the authors positions, and because his use was in a commercial venture. He would also lose on appeal for the same reasons. He’ll settle, unless his lawyers are stupid.
- Bang
“The Fedral courts have ruled that all forms of communicated material are protected automatically by copyright law, in author ownership.”
Actually its statute, not the courts, that say that any original work of authorship fixed in a tangible medium of expression is entitled to copyright protection.
But I would think that NBC News would have the copyright here.
“The fact that most people do not, or have no reason, to raise an objection to used material without release, does not in anyway obviate the law”
I’d be surprised if NBC News didn’t get releases from the people they interviewed.
“tort Belli”
Please tell me where you learned this one.
“He’ll settle, unless his lawyers are stupid.”
He might settle because litigation is pricy.
- tort belli – settled caselaw in mass
- I repeat…. Doesn’t matter if ABC had a release….Third, or more properly, any other extended use is not covered. If that were the case, anyone could ride someone elses shirt tails on a copyright release, which is silly.
- Bang
- Lets face it andrew. One of your hero’s is finally going to pay for a few of his lies.
- Bang
“- Lets face it andrew. One of your hero’s is finally going to pay for a few of his lies.”
I wish Rumsfeld was his hero.
“Doesn’t matter if ABC had a release”
Its NBC. and Why not? I would think that it would be standard practice for them to get full rights. Which would allow them to relicense things. So it would matter.
“If that were the case, anyone could ride someone elses shirt tails on a copyright release, which is silly.”
It depends on what the “release” says.
“I wish Rumsfeld was his hero. ”
That would be Daniel Ellsberg.
I find it odd that Mooreon has been all but invisible since December 2004. For a few years prior to that he was everywhere. Any idea what happened? I heard rumors that he went somewhere to lose weight. But common sense tells me he is downright embarrassed of how ineffective his socialist propaganda is in influencing an election. Just a guess…
- Actually CZ, I’m thinking his efforts, coupled with others like others such as the Mapes/Rather scam, helped Bush get elected. I can’t prove it, but in talking to some of my Independent party friends, and a few others, Liberals that “crossed over”, I got the distinct feeling they were uncomfortable with all the propagandizing, and outright lying they saw during the campaign. Running a candidate that was so feckless he couldn’t allow his military record to be made public in a simple forthright way, didn’t help either. Then there was the debacle of Edwards and Lurch both making those tendentious, gratuitis, totally unecessary statements about Cheney’s daughter in front of the entire nation. I think that was the straw for many voters, even though they were not all that enamored with Bush.
- Bang
I think it would be great if Sgt. Peter Damon won this lawsuit. Apparently he plans to donate a portion or all of this money to war veterans that need it. Michael Moore has been making too much money off of other people’s misfortunes for way to long. Michael Moore is anti-american, and a cheat and a liar. My Best wishes to Sgt. Peter Damon.
When this movie was playing in the theatres, although I didn’t go to see it, after watching another movie, I would always venture into into the fahrenheit movie and make a nuisance of myself. I would sit in the back row, and yell pig everytime they showed Michael Moore’s face.