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This topic comprises 6 pages: 1 2 3 4 5 6
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Author
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Topic: Chicago woman arrested for video recording in a theatre
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Martin McCaffery
Film God
Posts: 2481
From: Montgomery, AL
Registered: Jun 99
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posted 12-04-2009 06:29 PM
quote: Chris Slycord
First you say that you haven't seen the text at all, so you have no clue how well (or poorly) written it is then you conclude that lawyers will tear it to shreds? So, I must assume that your conclusion is based on both your lack of knowledge as to what is in the statute and your lack of experience/education in law.
No, I postulated that copyright law was the underlying crime, and said that a lawyer would tear it to pieces--copyright violation, not the law they were referencing. As the woman, as far as the story notes, was recording the film, she was recording her friends and the movie happened to be there, it is going to be hard to prove any intent to copy in such a way to violate the rights of the holder of the copyright.
On the other hand, the law may not have an underlying copyright violation, in which case, no need for the lawyer to rip the copyright claim to shreds. ![[Wink]](wink.gif)
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Chris Slycord
Film God
Posts: 2986
From: 청주시, 경북도, South Korea
Registered: Mar 2007
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posted 12-04-2009 07:15 PM
quote: Bill Enos
In response to Chris comment that only the woman was guilty, not so, a person who knowingly allows a felony to take place can be charged also, and these people should be if she is convicted of anything.
But none of the people you named knowingly allowed it to occur. That is, unless you don't understand the word "knowingly."
Hint: You can't knowingly allow something that you don't know about. Like if a guy came to your shop and asked to speak to your coworker, then blows her brains out when she comes to the front, no one can say "Bill knowingly allowed the crime."
quote: Brad Miller
But the manager no doubt acted like he/she did due to the brainwashing of Valenti and company, and as such turned off their brain to deal with the situation.
To an extent, I agree.
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Julio Roberto
Jedi Master Film Handler
Posts: 938
From: Madrid, Madrid, Spain
Registered: Oct 2008
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posted 07-07-2010 01:47 PM
The woman is now suing the theater, saying that her arrest was "pushed" by the theater's employees to collect the $500 reward the MPAA offers. She claims this was the incentive for having her cuffed and escorted from the theater to a waiting squad car. Despite police officers recommending to just ban her from the theater and destroy the data, the theater's employees demanded she be arrested and charged.
Once Ms. Tumpach arrived at the local station, police officers called the MPAA for advice. They explained that she had been in the theater for an hour and seven minutes and had recorded a little over three minutes of the movie. The MPAA recommended the police department destroy the 195 seconds of footage, write up an incident report and release Samantha. However, the theater manager again insisted that a felony had been committed and demanded that the woman be charged.
After spending a couple of days in prison, the charges were dismissed months later by the court.
She is now seeking damages for $50,000+ for malicious prosecution, intentional infliction of emotional distress, negligence and defamation.
http://www.wired.com/images_blogs/threatlevel/2010/07/moviesuit.pdf
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