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[KT] Sony is Suing Kevin Butler. - Page 10

post #91 of 104
Quote:
Originally Posted by PostalTwinkie View Post

Wrong!
Doesn't matter!
Not one bit!
This is your opinion!
This logic of "The system is broken to screw it", doesn't work with anything else. "Well marijuana is illegal, but that is a broken system, so I am going to sell it anyways" doesn't get you anywhere. Why do Apple haters think the same logic can work for them though? Just because you don't like the legal system around a topic doesn't change the fact it is the LEGAL system that governs the area of debate.
It doesn't matter if you think the system is broken or not, Apple has a LEGAL right to sue for their LEGALLY protected ideas and property! So if Sony can sue because they have a LEGAL right to do it, why can't Apple sue when they have the SAME LEGAL right?

Both having the same legal right at the moment doesn't mean they are both objectively right. There's a pretty broad consensus that tons of stuff that gets granted patents have no grounds for earning them.

There will never be a consensus that someone who willfully signs a document and then violates its terms is somehow in the right. The person signing it has every opportunity to review what they're agreeing to and then has to take a physical action to make it legally binding. There can be an argument that perhaps there was too much fine print or vague terms in a contract, but I have a feeling that the stipulation to not advertise for competing companies for a certain period of time would have been something at the forefront of his discussions with Sony. Even if they weren't, his lawyer surely would have made sure the stipulation was known.

Regardless of opinion, one pertains to willful consent both to sign and then violate a document, and the other pertains to being sued after being completely out of the loop for which you end up being sued down the road.

There are numerous differences here. The only commonality is that they both happen to be legal at the moment. There are plenty of laws that are either made or redacted all the time. Did that make the redacted laws objectively right? Apparently not.

edit: Summary - Google never told anyone they will not make a device with rounded corners. Jerry on the other hand, if the clause is indeed in his contract, specifically told Sony he would not advertise another console or gaming device for a certain amount of time and then did in spite of that.

Huge difference.
Edited by Kaldari - 10/8/12 at 3:13pm
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post #92 of 104
Quote:
Originally Posted by Kaldari View Post

Both having the same legal right at the moment doesn't mean they are both objectively right. There's a pretty broad consensus that tons of stuff that gets granted patents have no grounds for earning them.
There will never be a consensus that someone who willfully signs a document and then violates it's terms is somehow in the right. The person signing it has every opportunity to review what they're agreeing to and then has to take a physical action to make it legally binding. There can be an argument that perhaps there was too much fine print or vague terms in a contract, but I have a feeling that the stipulation to not advertise for competing companies for a certain period of time would have been something at the forefront of his discussions with Sony. Even if they weren't, his lawyer surely would have made sure the stipulation was known.
Regardless of opinion, one pertains to willful consent both to sign and then violate a document, and the other pertains to being sued after being completely out of the loop for which you end up being sued down the road.
There are numerous differences here. The only commonality is that they both happen to be legal at the moment. There are plenty of laws that are either made or redacted all the time. Did that make the redacted laws objectively right? Apparently not.

I appreciate the well thought out reply, thumb.gif.

I highlighted the part that I made emphasis on in a few posts back.

Without seeing the contract, we can only make educated guesses, but I would say that this is absolutely in the contract. I imagine it is part of a boiler plate contract for pretty much every endorsement deal.

the issue is that he wasn't advertising for Nintendo, he was advertising for Bridgestone. Yes, a Wii was in the commercial, but it was still a tire commercial. Where does one draw the line with these contracts?

Now to be clear, I am in full agreement that Apple's Patent lawsuits are insane. I am simply playing devils advocate and pointing out that they still, even if we hate it, have a legal right to sue. Since many are in here saying it is OK for Sony since they have a legal right, why isn't it OK for Apple? It is about being fair!

EDIT:

*Terrible Forrest Gump impression*

Legal is as legal does!
    
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post #93 of 104
Apple can sue based on they have the patent, if a company decides to copy a legally protected idea with or without doing proper patent research then they deserve to get sued and shouldn't complain. If a company came out with a console that was a carbon copy of the 360 I'm very sure MS would sue. If I created a game and called it Zelds, I'd be sued. Anyways, if Mr. Butler or whatever his name is broke his contract, then whatever happens to him is his falut.
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post #94 of 104
someone got a copyright on Steve jobs yet lol? O wait apple!!!
 
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post #95 of 104
Quote:
BREAKING NEWS: Sony unveils their upcoming automobile tire lineup!


Ahhh, this all makes PERFECT SENSE now. rolleyes.gif
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post #96 of 104
Quote:
On Thursday, Bridgestone answered the claims, denying that Sony has any protectable property interest whatsoever in any "Kevin Butler" character, but just as remarkably, denying the existence of "Kevin Butler" in its own commercial. After all, Bridgestone says, Lambert's role was hardly substantial.

"Mr. Lambert is one of the actors who appeared in the commercial as a Bridgestone engineer," say the defendant. "Bridgestone denies that 'Kevin Butler' appears in the Bridgestone commercial discussed herein and thus denies that he speaks or does anything whatsoever in the commercial."

Bridgestone indicates that it intends to fight the lawsuit by showing that Sony has failed to register any mark on "Kevin Butler," that the character has not acquired secondary meaning and that there is no likelihood of confusion among consumers.
http://www.hollywoodreporter.com/thr-esq/sony-sues-kevin-butler-playstation-jerry-lambert-377151
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post #97 of 104
Quote:
Originally Posted by Kaldari View Post

Wow.. I feel like I'm having to explain a Doctor Suess book to a child. Is it really that hard to understand?
My point was people are knee-jerking hate towards Sony, and the fact that most of them probaby didn't even realize his name isn't Kevin Butler points to the fact that they did absolutely no research on the matter, put no thought into the fact that he had a contract with Sony and it still might be binding, and just started throwing baseless hate at Sony.
While one might can have the opinion that Jerry made a stupid move here or they might be "disappointed" in him, as funny as that sounds, it would be a pretty far and weird stretch for someone to say they hate him over it.
Therefore Sony is pretty much the only place to throw hate to. Yes, plenty of people have expressed hate towards Sony in this thread. If you choose to fight semantics over that, have fun. I won't be joining you.
Your last post and the third point in this one only agrees with me, so I'm still puzzled why you keep saying that like you're making some kind of counterpoint.
I guess my mistake was overestimating people's ability to logically infer who I was talking about, though I'm sure 99% of people understood it. I actually have a gut feeling everyone did but you.

Once again, Butler's real name is irrelevant. Research into this matter =/= digging up Kevin Butler's aliases. Anyone who's ever seen and/or been a party to an typical actor's contract can surmise that Butler's actions are a breach of a very common clause (whether or not that clause was in his contract, of course, remains to be seen). Also, who's "knee-jerking" hate towards Sony? Care to back up that claim with a quote or three? I've seen a troll or two, but that's every thread on the Internet. This thread is pretty evenly split, opinion-wise. And finally, semantics are more important than you think. Your OP was unintelligible - it implied the exact opposite of what you were trying to say! A firmer grasp of the semantics involved would have helped you. And considering that this medium in which we all share our opinions is literally built upon semantics, I'd say that my advice is well-given!
post #98 of 104
I hope sony was paying him well if he can't go other places in character.
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post #99 of 104
Quote:
Originally Posted by flyingsaucers View Post

Once again, Butler's real name is irrelevant. Research into this matter =/= digging up Kevin Butler's aliases. Anyone who's ever seen and/or been a party to an typical actor's contract can surmise that Butler's actions are a breach of a very common clause (whether or not that clause was in his contract, of course, remains to be seen). Also, who's "knee-jerking" hate towards Sony? Care to back up that claim with a quote or three? I've seen a troll or two, but that's every thread on the Internet. This thread is pretty evenly split, opinion-wise. And finally, semantics are more important than you think. Your OP was unintelligible - it implied the exact opposite of what you were trying to say! A firmer grasp of the semantics involved would have helped you. And considering that this medium in which we all share our opinions is literally built upon semantics, I'd say that my advice is well-given!



Yes, research into this matter = digging up Kevin Butlers real name. It's one of the first things you would come across simply by reading the article in the OP. And again you're trying to explain about his contract something that is quite obvious and something that I've agreed with all throughout the thread, including my original post. You're obviously the only person who is having issues with what I said, and I think you're purposefully building straw men just to argue about it because you enjoy it. I don't normally like to name call, but your posts show that you're either an idiot or a troll - probably both.

Quote:
Originally Posted by slosha69 View Post

Only one thing I have to say:
*** SONY
Quote:
Originally Posted by XAslanX View Post

doh.gif Sony thumbsdownsmileyanim.gif
Quote:
Originally Posted by SchmoSalt View Post

Just when you thought that Sony couldn't get any worse they go off and do this. lachen.gif
Thanks for being the laughing stock of the entire tech industry Sony. You sure do great at showing other companies about what not to do.
Quote:
Originally Posted by Bo_Punk_2.0 View Post

Because Bridgestone and Sony have been going at it for years right?
^^ This.
As somebody said it before, it seems the big corporations of the world are run by children. rolleyes.gif
Quote:
Originally Posted by jellis142 View Post

Worse then children these huge companies.
Quote:
Originally Posted by That Guy View Post

Corporations can now copyright employees.
*sigh*
Quote:
Originally Posted by Capt View Post

What else is new.
Quote:
Originally Posted by Usario View Post

Why are people and businesses these days so eager to sue everyone they possibly can?
Quote:
Originally Posted by Gnomepatrol View Post

This has to be one of the dumbest lawsuits I have seen this year.

Again, my use of the word "hate" should have made who I was referring to pretty obvious. No one on this forum is going to hate Jerry for doing other commercials. That's ridiculous. What can drive people to baseless hating is reading that a company is suing someone/something, not reading the OP or the article, and immediately reaching for the reply button or the quick-reply box.

Some of the posts quoted are obviously a step down from hate, but some of the others are obviously right there at it. Aside from that, you don't have to be frothing at the mouth to be hating on someone or something.

Stop trolling.
Edited by Kaldari - 10/14/12 at 1:53pm
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post #100 of 104
*This spokesperson is copyrighted under Sony Entertainment. Any illegal use of the listed employees will face a minimum of 5 years in prison and a $250,000 fine by the FBI*
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