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Pastimes : Investment Chat Board Lawsuits -- Ignore unavailable to you. Want to Upgrade?

To: David Lawrence who wrote (4750)	6/24/2003 10:43:18 AM
From: Jeffrey S. Mitchell	Read Replies (2) \| Respond to of 12465

Dobry has flaunted the fact he's writing a book called "Permeating the Cyber Membrane." Said paintings not only are for sale, but being used on his web site to a) promote Dobry as an artist and, b) advertise his upcoming for profit book. I certainly agree that trying to balance one's right to control how their likeness is used for profit versus another's exercise of the first amendment is not easy. It all boils down to context. The above coupled with Dobry's unceasing false and defamatory letters to various federal agencies, media outlets, etc., -- not to mention similar efforts by others under his influence -- clearly tip the legal scales against him, IMO. I consider it nothing less than harassment as well. - Jeff

To: David Lawrence who wrote (4750)	6/24/2003 12:04:53 PM
From: Mahatmabenfoo	Respond to of 12465

David wrote: -- Also, where is the commercialization? Are these being -- sold as prints, or just in the form of the original -- painting? If it's the latter, I don't see a case of -- commercialization. IMO. I agree. The depiction is the product -- not used to sell something else. That alone must be legal. But IMO, the fact AP is a public figure (who otherwise would not attract ridicule) justifies satiric commentary in the form of a T-shirt with the painting on it. That might be "commercialization" but it is privileged -- justified by the right to make fun of someone who deserves it. I find comical that someone so willing to tilt at the powerful in his aggressive way is so touchy about the fact his behavior doesn't endear everyone. The issue might be ambguous enough to justify a lawsuit, but somewhere in the chain of appeals someone will look up the first amendment, and the privilege it gives that trump any statute designed to protect "personality". - Charles