"Why I Sued Eddie Murphy" Book Raises Questions About The Judicial System's Rulings On Copyright
The release of author Gregory L Hudson's book, "Why I Sued Eddie Murphy", shines a spotlight on "copyright infringement" lawsuits like never before and leaves writers, Independent Artists, and Intellectual Property Solo Practioners optimistic.
"Why I Sued Eddie Murphy" tells a 'captivating' ... 'first-hand' account of Hudson's 10 year copyright theft lawsuit over the hit movie, "Life", starring Eddie Murphy, Martin Lawrence, Heavy D, Bernie Mac, and others. Named in his $100 million dollar copyright infringement lawsuit, in addition to Eddie Murphy, was Heavy D, Brian Grazer, Robert Ramsey, Mathew Stone, Imagine Films Entertainment, and Universal Studios. http://www.youtube.com/
This true "David and Golaith" story takes the reader in and out of the courtroom and unveils a heartbreaking and disappointing judicial system that for the past 20 years has repeatedly dismissed nearly all Independent Artists' copyright cases against movie studios, network televison, and record labels.
Telling a similar story to Hudson's books is the article, "The Death of Copyright" by California Lawyer Steven T. Lowe. The article shows 48 out of 50 copyright cases that his office researched over the last 20 years; all were thrown out of court on summary judgment (decided by a judge and never went to trial).
Hudson's book makes a case that the entertainment industry has an improper advantage and a long established understanding that the judges and courts will ultimately find a way to rule in its favor. He recalls a conversation with Thomas Kjellberg, co-counsel to Richard Dannay of Cowan Liebowitz & Latman PC, as he tried to get basic discovery (information)
One chapter references his oral argument on a Res Judicata claim before Judge Sonia Sotomayor now Supreme Court Justice, which he won at the 2nd Circuit Court of Appeal, defeating attorney Richard Dannay only to have Judge Lynch subsequently dismiss his case again without ANY discovery. There is a compelling tale of a courtroom showdown where Magistrate Judge Lois Bloom rips into Claudia Baio (Hudson then attorney) provoking her to admit that she violated Hudson's attorney/client priviledges. He also tells a riveting story of his face-off against Mirna White (His first attorney) in front of the Brooklyn Bar Association.
Solo IP lawyers are delighted and believe that some Judges may now be more reluctant to abuse their descretion and rule pursuant to the law because such a book makes details of court rulings easily available to the public and authorities. Those judges that repeatedly "litigate cases well beyond their authority" will now have second thoughts. Also, Mega IP Firms representing the entertaintment industry will no longer feel that they are going to prevail, in spite of having meritless defenses, and ywtvbb still defeat solo lawyers and small firms.
"Chapter 17: Other Independent Artists Cry For Help" highlights cases of Independent Artists who claimed they were betrayed by the courts and their own lawyers including: Troy Walker in his suit over "SpongeBob"; Carla B. Boone in her suit of rapper Fabolous over the song "Hollaback"; Darryl Lassiter in his suit over the movie "Drumline", Sophia Stewart in her suit over the movie "The Matrix", and Hudson in Hudson v. Universal Studios lawsuits over the movie, LIFE.
"The thought of being exposed in a book could impact questionable decisions. If every victim of copyright theft writes a book, maybe artists like Rene Carranza (Carranza v. Universal Music Group currently pending at the Ninth Circuit Court of Appeals) will have a glimmer of hope of getting his case in front of a jury".
Authors and artists are delighted and now feel a bit safer about soliciting their work without the fear of it being ripped off and having no recourse to protect themselves, as it stands today. Exposing judicial misconduct and legal malpractice are the most important means of protection today for artists because most artists rarely have the resources to fight a decade long court battle against the industry giants.
From an educational perspective, there may not be a better book that can spark the kind of super-charged dialogue and high emotional debate on copyright, due process of the law, ethics, legal malpractice and the American Judical System pros and cons.
"What I find so unsettling about the judical system and many of the copyright cases is that both are rooted in perception. The rulings are knowingly false and yet ... they are studied in classrooms, libraries, and fed to students as the truth in high schools, colleges, and universities around the world", says Hudson.
One chapter discusses the case of Hudson v. Universal Studios whereby District Judge Gerard E. Lynch dismissed Hudson's case on summary judgment. This case was affirmed (agreed with Lynch) by the Second Circuit Court of Appeals, and the Supreme Court of the United States. The copyright law "crystal clearly" states that "a judge or court is PROHIBITED from dismissing a COPYRIGHT case where there is a BREACH OF IMPLIED-IN-FACT Contract cause of action. Hudson's lawsuit was for "Breach of Implied-In-Fact Contract and Copyright Infringement. It was still dismissed on summary judgment. Another chapter tells how Judge Block dismissed Hudson's default judgment against Heavy D (Dwight Meyers) who never answered the lawsuit.
"In spite of being aware, the FBI, DOJ, Eric Holder, Copyright Office, Congress, the Senate Judicary Committee (Chair Jeff Sessions), the White House or President Barrack Obama have not opened an investigation or addressed these copyright issues of so many dismissed copyright cases. Obama did however appoint Victoria A. Espinel as his new "Copyright Czar" whose primary function is to look out for the entertainment industry's interest under the guise of "The “Enforcement of Intellectual Property Rights Act,” known as the Pro-IP Act". He also appointed Jeff Immelt, General Electric's "GE" CEO, as his Economic Advisor. GE owned NBC Universal, and recently sold 51% to Comcast. This puts the entertainment industry directly into the White House; no such representation or copyright protection exists for Independent Artists".
BET (Black Entertainment Televison) posted a recent blog claiming that Hudson, "wrote his book to exact his revenge". Hudson responded to the blog by saying that he wrote the book to let the public see the evidence and judge for itself.
"In the long run, the entertainment industry may be the biggest benefactor from my book. With fewer copyright lawsuits, out of fear of a book, the industry could save billions in legal fees; notwithstanding preserving its image and reputation", he says.
Hudson is the author of "Monologues:
More about Hudson can be found at: http://www.poorpennyproductions.com
Page Updated Last on: Jan 23, 2013