Sarah Palin doesn’t care if you own the rights to an iconic photo, she will do as she pleases and use it anyway — this according to the former politician in court docs exclusively obtained by RadarOnline.com.
Palin, 50, has been in a legal battle with with North Jersey Media Group, who own New Jersey newspapers, and filed a lawsuit filed last year against Palin for copyright infringement.
Of course as we all know Plain used an iconic 9-11 picture, and slapped a SarahPAC label on it in order to fund raise.
The company contacted Palin by e-mail but she never responded, so they filed a lawsuit.
However Palin's attorney does not think the company that owns the photo has a case.
“The Amended Complaint was not only filed in the wrong place, the Southern District of New York — it should never have been filed at all,” Palin’s attorney argued.
“It is fatally deficient on the law and this Court can, defendants submit, and should dismiss it for failure to state a claim. Plaintiff’s characterization of a copyright infringement claim arising from the use of a photograph into an unfair competition case is so plainly meritless that little argument is, as shown below, necessary to dispose of it.”
The attorney goes on to suggest that the claim by the North Jersey Media Group is baseless and that it is not Palin's fault anyway because "the photo posted on her Facebook was produced automatically by updates to her website with a widget app."
Which I take to mean that if SarahPAC creates one of those graphics and posts it on their site, that it automatically gets posted to Palin's Facebook page as well.
Which indeed does seem to be the case, but I think that is kind of moot, when in fact it is YOUR PAC, your Facebook page, and your name all over both.
But remember what Palin said when she was pretending to run Wasilla, "I'm the mayor, I can do whatever I want until the courts tell me I can't."
So if the courts want her to respect copyright laws, they are going to have to force her to do so.
"...produced automatically by updates to her website with a widget app."
ReplyDelete30 years to life for the widget app!
Next the lawyer will try the ever popular "it was a bug in Windows"
The dog ate my homework.
DeleteObama did it.
DeleteWhat a fucking retard JT is! Does he think all attorney's are as stupid as HIM? Word Salad much Trailer boi?
Delete"“The Amended Complaint was not only filed in the wrong place, the Southern District of New York — it should never have been filed at all,” Palin’s attorney argued.
“It is fatally deficient on the law and this Court can, defendants submit, and should dismiss it for failure to state a claim. Plaintiff’s characterization of a copyright infringement claim arising from the use of a photograph into an unfair competition case is so plainly meritless that little argument is, as shown below, necessary to dispose of it.”
There she goes again on her mystical magic tour ride in her small brain.
DeleteSo this app automatically slaps a sarahpac logo on the stolen pic it also takes a color picture and turns it to black and white pic. Then her post refers to the stolen pic out of nowhere. she is ridiculous and a bad liar. One would think she would know this by now.
the insufferable witch is a lousy liar and a tip-top scoundrel, cubed.
If her PAC logo wasn't on the photo they'd have a great case. The logo is the death nail!
ReplyDeleteYup, putting her PAC logo on the photo altered the original photo and was done for private gain. Let' see her lawyer argue that. You better settle out of coart $arah your playing with the big boys now and the venue isn't and won't be Alaska, even if she shows up wearing her see-through shirt with the black bra under it like she did at McDaniel rally it won't help,i believe the other sides lawyer is a woman and i hope the judge is too.
DeleteShe also changed a copyrighted photo from color to black and white and she cropped it. No no.
DeleteFunny, my Facebook doesn't have an app that chooses pics, alters them, puts my logo on them, and posts them.
ReplyDeleteAnd who ever heard of a widget that weighs 350 pounds?
That's because you don't have a PAC that is in constant need if donations.
DeleteYou are being way too kind in estimations the weight of Sarah's widget at *only* 350 lbs. I'd guesss RAM dresses out at 425 easily *before* her pregame meal of six mooseburgers and a big bowl of moose chili, served with an iceberg lettuce salad w/ lite dressing (you know, since it's bikini season now).
DeleteIt won't matter if she loses the fight. She'll just use her PAC to pay the fine. Or she'll set up a legal defense fund to pay it. After all, she's baby Sarah and no one says NO to baby. If she's done something naughty, someone else will pay.
ReplyDeleteLook at Sarah Palin's face and her oddly shaped ears in the picture above. Is Sarah a Ferengi? Could explain why Sarah Palin's PAC never returned the money they acquired to convince Sarah to run for president and she never ran for office.
ReplyDelete~Ferengi Acquisition Rule Number One;
Once you have their money you never give it back.
Ferengi Rules of Acquisition
[Full List On YouTube*]:
http://youtu.be/PvFYBkesqGU
Hysterical!!!!
DeleteSarah Palin never loses. Just ask Dar Miller.
ReplyDeleteSarah never loses. Ask Joe Biden.
DeleteSarah Palin never loses, just ask Brad Hanson how he feels every time he has to pick up his Valtrex prescription.
DeleteWhat's the real story about water in Curtis Menard Jr.'s airplane gas tank?
DeleteAnd while we are at it, what about that church arson fire that only burned some records?
And who scrubbed the Johnston family's computers?
And who scrubbed the Johnston family's computers?
DeleteIt's no secret the McCain staff moved into their house to "help" them.
Sarah Palin never loses. Just ask David Kernell the email hacker from Tennessee.
ReplyDeleteSarah never loses. Ask Barack Obama.
DeleteThat's been a mischararization of a poor kid who guessed that brain-child's wicked easy password. She wanted to be the leader of the free world with her bony finger on the red button with cloak and dagger briefings, and couldn't even come up with a secure password for Yahoo.
DeleteBack then, Yahoo! make it wicked-easy to get the password - no guessing was needed. All you had to do was answer the 3 security questions correctly, and Yahoo! would give you the password!
DeleteQuestions like:
Mother's maiden name.
First school attended.
Name of the city where you were born.
Your father's middle name.
Name of your first pet.
Name of the street you grew up on.
And so on.
Since everything basic was known about Palin, all David Kernell had to do was use google and fill in the blanks. VOILA.
It wasn't a true "hacking". She answered the questions predictably.
Which was really, REALLY STOOPID on her part, given she was doing state business on her private email accounts. But STOOPID is how Palin rolls...
Sarah Palin never loses. Sarah didn't lose the 2008 election. It was John McCain's fault, he was the one who picked Sarah Palin.
ReplyDeleteSo it's the wish it's fault?
DeleteOops, so it's the widgit's fault. Damned autocorrect.
DeleteIt was also Katie Couric and Tina Fey because they made fun of Sarah. Of course if Sarah wasn't that dumb, they wouldn't have had anything to make fun of. And when Putin rears his head, where does he go?
DeleteOh herr we go......that's right, it was Palin/McCain and not. I LOVED how after she screwed up her sit down interviews, McCain sat bedside her from then on. Who are you trying to fool? Say or do anything for a buck and attention. It's called a political whore. Now, repeat the words you're taught and rub your thigh. What class
DeleteNO- Granny Palin never LOSES!
DeleteThe voters just picked the wrong candidate.
And then they did it AGAIN, gosh durn it!
Granny Grifter never loses... but most of the fools who buy her endorsement take an ass-whipping in their campaigns. But it's all good for them and Sarah because it's only OPM.
DeleteSarah using someone else's photo without permission is stealing, you know that crazy little commandment from that book you probably have never even picked up to read.... not that it is true, but if you are going to constantly proselytize your religious beliefs on the rest of the world you may want to practice it your own life first.
ReplyDeleteNothing but a common thief and liar she is
It's only stealing if its done against her or the crazy RWNJ's she supports.
DeleteO/T -- (or is it?)
ReplyDeleteI wanted to see if they posted any of the actual court documents so I went to Radaronline but none of the links in the article work...
But look what else they posted this morning at 8:44am:
"Oops, He Did It Again! Bristol Palin Baby Daddy Levin (sic) Johnston Expecting THIRD Child"
Like the headline's not snarky enough, they even misspelled his name??
And get this for a closing line: "Hopefully the electrician is making big bucks. Palin has claimed in court that her wayward ex owes her more than $66 thousand in child support payments."
http://radaronline.com/exclusives/2014/06/levi-johnston-expecting-third-child/
Sarah's obviously pulled another "story swap."
I hope this stuff is being referred to Levi's attorney - someone feeds this info to the national media and we know it has to be either Sarah or Bristol. They love to see their names in print (be it positive or negative!!) and Sarah has been behind the nasty treatment of Levi!
DeleteSo much is out there that she and Bristol have said negatively about him....I'm sure those instances will be entered into the Court case that is upcoming as to custody of Levi and Bristol's son.
Good luck Levi - hope you and Sunny get full custody of the kid! He needs stability, positive vibes, schooling and love constantly surrounding him!
Saw a video the other night on TV where Bristol is actually shown shooting the book that Levi wrote into pieces..all done in front of her son! That is another thing that needs to be viewed by the attorneys and Judge in their Court case!
Sarah Palin never loses. Just ask the citizens of Wasilla. Who was responsible for building the hockey rink on property that wasn't paid for (1 1/2 miles) from the Palin compound and who was left paying for the over cost, lawyer and court fees?
ReplyDeleteIt's all paid for now and the Palins don't show their faces around here very often, case in point, Mrs. Palin didn't even show up to the event last Saturday with Ted Cruz's Dad and Sharron Angle. They have other people shop for their groceries for the month or two that they are here in Wasilla because they get too much grief if they show their faces in the local stores.
DeleteMrs. Palin can't even give her money away in State Senate races because no one wants to be associated with her. Joe Miller's campaign even rebuffed her offer of endorsement.
She's as toxic as the dead lake she lives on.
Gov Sarah Palin never loses. Sarah was against the bridge to Nowhere.
ReplyDeleteShe sure wasn't against the federal money that came with it, was she?
DeleteSarah Palin never loses. Ask Curtis Menard Jr.
DeleteTell me again about that plane she sold on EBay. Let's hear the amazing story about Trig's arrival in the world, the story about being in labor, leaking amniotic fluid, flying for 12 hours, passing up tha Anchorage hospital with neonatal facilities to deliver a premature special needs child in a small town hospital which cannot handle that kind of delivery. I love a good story, pass the popcorn.
Delete6:03 Think we need to bring to your attention that no one on this blog ever refers to Sarah Palin as 'governor'! She quit mid term and the Alaska population found out that Todd Palin did the work with and for her - they worked as 'cogovernors'!
DeleteWhich again, proves/proved to everyone she is inept! Plus, Todd would call in to tell the folks working for her what kind of a mood she was in! (Verified!) She was as much as mess back then as she is today!
Plus, in our world today, we know she is a liar and fraud! (Proven and verified!) The Alaska Legislature determined her to be unethical, which, of course, she denied while on the campaign trail w/McCain!
Sarah or some one working on her behalf turned the color photo to black and white, cropped it and stuck on the ligo for Sarah's PAC. Since this did not happen to other photos on Sarah's website, it is not the work of some automatic widgit. The website for the photo clearly describes it ownership and rules for use-- which Sarah violated. Frivolous? Palin's lawyer is the one who is making frivolous arguments.
ReplyDeleteSarah is not cheating the newspaper that owns the copyright to the photo. All of the fees for using it go into a fund for the September 11 first responders, who still suffer terrible health problems today. Yes, Sarah is cheating the first responders.
ReplyDeleteGrifting Gidgett's Widgett did it!!! Sounds like she got her game plan from Anthony Wiener. She's a patriot and would NEVER steal someone else's intellectual property. I love the comments on that page. Thanks Gina M! I read it from the previous post.
ReplyDeleteDidn't the tundra twat trademark her name?
ReplyDeleteThe photo was copyrighted by the newspaper. That means that it ca't be altered, and Sarah can't put her name on it, trademark or no trademark. And if some one put Sarah's so-called trade marked image on something to sell for a profit, she would be screaming her trademarked face off.
DeleteIgnorance is no excuse.
ReplyDeleteI teach copyright for a living. I'm a school librarian.
I may not be a lawyer but I know when copyright has been violated. And Sarah Palin violated copyright big time.
I hope they slap her so hard upside the head the rattle from her single brain cell can be heard across the way in California.
If some one else did it, they did it for Sarah and her PAC, and it's Sarah who benefits. She won't be hurt financially. The PAC will pay the fine. She just hates to lose.
DeleteSounds like some depositions will be needed in discovery to assign damages and to suppport recovery of ALL ill-gotten economic benefits received by SarahPAC, Sarah Palin, her family, and PAC employees. Open up the books!
DeleteSarah Palin never loses. Ask Marylin Blackburn.
ReplyDeleteWho is Marylin Blackburn? Why she is the African-American woman who beat Miss Wasilla, cross eyed Sarah Heath in the Miss Alaska beauty pageant.
DeleteSuch an amiable countenance there Ms. Palin. Nice lady.
ReplyDeleteHuh??
Deletelol Palin endorsed Mississippi Senate candidate breaks the law by using her robocall on sunday. Which being Mississippi thats agin the law! Called out by her non friend Haley Boss Hogg Barbour.
ReplyDeletehttp://yallpolitics.com/index.php/yp/post/38125/
excellent! LOL I hope someone went round to his house and punched his lights in.
DeleteHow rude of Sarah, playing politics on the Lord's Day!
DeleteToo Typical of Sacrilegious Sarah.
Okay, a bit to drink here, we finally had sun and got to a festival.
ReplyDeleteFrom day one never knowing her, her VP speech was WTF? Been there, done that, you don't parade that dysfunction on a national stage hoping to get your foot in. There's a story here that never will be told thanks to sealed records. You research and you watch. "Until the courts say I can't," indeed, and she knows it.
Boy, isn't she a piece of work. I cannot bring up examples of things we already know, the dog whistle she blows for the ill to harm others and they do. She takes no responsibility for the hate speech that encourages.
To think this woman wanted to be Ivana Trump. When was the last time anyone heard Ivana Trump say anything? She's living her life vibrantly and privately, $arah. YOU, on the other hand, encourage violence and fear. You are NO Christian, you're a bitch and have no love of this country whatsoever. $arah Palin is all about $arah Palin, Money and attention, what a pathetic person you are.
SPHASH is right. It must have fried you to lose to Maryline Blackburn, you screwed Glen Rice that turned into nothing, and lost to Barack Hussein Obama. Those darn blacks beat you right and left, didn't they?
"Sambo beat the bitch," and continues to. Unfortunate that your children had to pay the price. They still do and always will. You're still living Chuck Sr.
wow! well-written. Pretty much sums up Sarah Palin.
DeleteImpressive grammar and spelling, especially if you're drinking. When I'm into the cider, I do well to type "FcukYou, Sarah!!!"
DeleteMy, what an ugly face you have, Grandma!
ReplyDeleteIt's that FACES OF METH thingy.
DeleteSarah you right-wing douche nozzle, go fuck yourself. You are not above the rule of law you profess to hold so dear.
ReplyDeleteAgain, go fuck yourself, twatwaffle.
New Jersey Media Group owns the Bergen Record, which owns the copyright for the photo. Getty Images handles requests for use of the photo. It has four offices -- New York City on the East Coast. The use of the photo, it is clearly stated on the Getty website, may be for editorial reproduction: no commercial use allowed!
ReplyDeleteThus, the proper venue for this suit is for the New York-based Southern District court, and the use of the picture to raise money for a political action committee violates the terms of use.
Claims that a widget/robot/gremlin was responsible will be laughed out of court.
Sarah can strap on the Belmonts all she likes; she is going to lose this case. She infringed on the copyright. The only question will be damages.
ReplyDeleteYou better settle Sarah. Those New York judges don't waste their time on foolishness. This case has no grey area; only black and white.
And actually Sarah, copyright infringement in plain language is called STEALING. What part of 'thou shall not steal' do you not understand? I guess all of it because parts of your house sure look like that hockey rink in Wasilla.
Remember how the old hags Palin and Stapletongue went after Celtic Diva after all those funny pics of Sarah pretending to love various babies she was holding including Trig?
ReplyDeleteYou are such a joyless dried-up whiny crybaby, Sarah. But that's a good thing because other people can't avoid seeing the real you these days. Yep, unfiltered and all, bitch.
Yep, unfiltered. And all bitch. There, fixed it.
Deletejkarov10 hours ago
ReplyDeleteSarah or some one working on her behalf turned the color photo to black and white, cropped it and OBVIOUSLY pasted the logo for Sarah's PAC.
Since this did not happen to other photos on Sarah's website, it is not the work of some automatic widgit.
The website for the photo clearly describes it ownership and rules for use-- which Sarah violated.
Palin's lawyer is the one who is making frivolous arguments.
As usual, Caribou Barbie is trying to once again avoid the consequences of her actions
(Comment from Radar OnLine)
She might get away with it in Alaska, but she won't in New York.
DeleteCan't wait to see what records will be opened to the public with this trial. If she's smart she'll settle. Otherwise SarahPACs financials may be exposed naked to the public.
POPCORN!
When is this Court case suppose to take place? Will she have to physically be there?
DeleteAnd, then we have Bristol and Levi's Court case (over their son - custody/child support) at the end of July in Alaska!
Lots of negative stuff going on the lives of the Palins! It's so damn well deserved! Sincerely hope both of them get/receive what they deserve in both cases!
Peddling Palin's Snake Oil: More Duplicity and Deception from the Last Frontier
ReplyDeletehttp://www.huffingtonpost.com/geoffrey-dunn/peddling-palins-snake-oil_b_5429754.html
You rarely see anything positive written about Palin anymore and she is not much in the national news either! Yea!
ReplyDeleteWonder how she is feeling about the demise of the Teabaggers? Finally! She and they are history!
Poor Meg Stapleton - bet she reflects back on her relationship w/Palin and wishes she'd never allowed herself to be used and sucked in as she was! I attribute it mainly to her being young and naïve. She was, after all, very well educated and better spoken than Palin!
I'll never forget her verbal fight w/Les Gara on the Capitol steps in Juneau! She was a nasty thing in that situation - showed a completely different side of her that is for sure!
That video of it was not/is not her friend!
Meg Stapleton will always be known in Alaska as Sarah Palin's bitch.
DeletePalin's attorney clearly is out of his league. Sarah saw "New Jersey" in the name and incorrectly assumed the home court was there.
ReplyDeleteWillful copyright infringement will get you fined the maximum, and raked over the coals by the judge.
I'm going to the store for more popcorn.
Birdbrain53
Can't wait until seditionist barbie is broke and hooking for tawd
ReplyDeleteMrs. Palin has always been backed by blowhard bloviators; Meg Stapleton, Bill McAllister, Van Flein and now Teimessen. They are "in your face" deniers that she pays to hand out hyperbole to the media. Some are no longer on her payroll but those that still are will say anything, truthful or not.
ReplyDeleteWhat was so funny is that during the McCain campaign neither Nicolle Wallace nor Steve Schmidt would lie for her. Neither was willing to cover her lie of Todd's AIP membership and they would not publicize her "being found not guilty of abuse of power" meme regarding Troopergate. Those that would lie for her she still has on her payroll as consultants (Jason Recher), but the main players in the McCain campaign called her on her bullshit early on and wouldn't do her bidding, even for a buck.
Isn't this a journalism thing you learn. I gather she didn't or did not get a degree. ugly person.
ReplyDelete