Six months ago, which feels like roughly an eternity at this point, we discussed how Jerry Seinfeld and others won an absolutely ludicrous copyright suit filed against them by Christian Charles, a writer and director Seinfeld hired to help him create the pilot episode of Comedians In Cars Getting Coffee. What was so strange about the case is that this pilot had been created in 2012, whereas the lawsuit was only filed in 2018. That coincides with Seinfeld inking a lucrative deal with Netflix to stream his show.

It's not the most well known aspect of copyright law, but there is, in fact, a statute of limitations for copyright claims and it's 3 years. The requirement in the statute is that the clock essentially starts running once someone who would bring a copyright claim has had their ownership of a work disputed publicly, or has been put on notice. Seinfeld argued that he told Charles he was employing him in a work-for-hire arrangement, which would satisfy that notice. His lawyers also pointed out that Charles goes completely uncredited in the pilot episode, which would further put him on notice. The court tossed the case based on the statute of limitations.

For some reason, Charles appealed the ruling. Well, now the Court of Appeals has affirmed that lower ruling, which hopefully means we can all get back to not filing insane lawsuits, please.

We conclude that the district court was correct in granting defendants’ motion to dismiss, for substantially the same reasons that it set out in its well-reasoned opinion. The dispositive issue in this case is whether Charles’s alleged “contributions . . . qualify [him] as the author and therefore owner” of the copyrights to the show. Kwan, 634 F.3d at 229. Charles disputes that his claim centers on ownership. But that argument is seriously undermined by his statements in various filings throughout this litigation which consistently assert that ownership is a central question.

Charles’s infringement claim is therefore time-barred because his ownership claim is time-barred. The district court identified two events described in the Second Amended Complaint that would have put a reasonably diligent plaintiff on notice that his ownership claims were disputed. First, in February 2012, Seinfeld rejected Charles’s request for backend compensation and made it clear that Charles’s involvement would be limited to a work-for-hire basis. See Gary Friedrich Enters., LLC v. Marvel Characters, Inc., 716 F.3d 302, 318 (2d Cir. 2013) (noting that a copyright ownership claim would accrue when the defendant first communicates to the plaintiff that the defendant considers the work to be a work-for-hire). Second, the show premiered in July 2012 without crediting Charles, at which point his ownership claim was publicly repudiated. See Kwan, 634 F.3d at 227. Either one of these developments was enough to place Charles on notice that his ownership claim was disputed and therefore this action, filed six years later, was brought too late.

And that should bring this all to a close, hopefully. This seems like a pretty clear attempt at a money grab by Charles once Seinfeld's show became a Netflix cash-cow. Unfortunately, time is a measurable thing and his lawsuit was very clearly late.

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Decades-old theory may require a rethink thanks to Japanese probe

The Moon is believed to have formed from the leftovers of a proto-Earth smashing into a Mars-sized Theia nearly 4.5 billion years ago.…

There's revenue to be had with being a participant in the payments web, and the Apple experience to measure up against

Samsung has announced it will launch a debit card.…

Недавно мы писали, что Google, вслед за Apple, собирается выпустить свою собственную дебетовую карту. Сейчас о таких планах объявила компания Samsung.

What expression does — did — your mom use all the time? What skill did you learn from her?  What does (or did) she encourage you to do? These are great questions for any mom and child, whether the kid is 5 or 50. And if you click here, you can print out a very […]

These “cards” are really an excuse for kids to interview their moms and shower them with the ultimate gifts: attention to mom’s quirky uniqueness, gratitude, and offers of help! Here you go — click here! (Mother’s Day is SUNDAY!)

2021 for taxi-style usage in selected areas. This is level 4 automation: no human driver will be needed to take over. But the car won't be able to go everywhere. Likely that means the cars will be restricted to very well mapped areas without challenging conditions. Ford says the higher cost of the computer and sensing equipment restricts its use to fleets which rack up very high mileage per vehicle per year. The car will be a more expensive piece of capital equipment that requires very high usage rates to pay the cost of capital. I find the 2021 launch date to be a little surprising since Ford seems late to the party. On the other companies seem think they...

After waiting for what seemed like an eternity, the stewardess announces over the intercom that “we’re just waiting for the pilots.” The passengers look out the window and see two men, dressed as pilots walking towards the plane. Both men are using guide dogs and appear to be blind. There are murmurs among the passengers, […]

The post What A Scary Flight appeared first on Funny & Jokes.

We're still waiting to hear news about Apple Card's performance relative to the major card issuers, but that hasn't stopped Samsung from announcing plans to launch an "innovative" debit card as part of a new mobile-first money management platform the company has been developing over the last year.


Announced on Thursday in a blog post by Samsung Pay vice-president Sang Ahn, the forthcoming debit card is in partnership with finance company SoFi and will be backed by a cash management account.

"In 2020, Samsung Pay will be expanding our service from being a rewarding way to shop and pay, to also being a rewarding way to manage money," writes Ahn. "Over the past year we have been busy developing a mobile-first money management platform. Our vision is to help consumers better manage their money so that they can achieve their dreams and goals. Now more than ever, mobile financial services and money management tools will play an even bigger role in our daily lives while also opening up new possibilities."

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On the Young Turks, Cenk Uygur quotes passages from Bob Woodward's book, "The Price of Politics", quoting statements made by President Obama proving that he intends to cut entitlements like social security, medicare, and medicaid. Continue reading →

"This is supposed to be a political party. In a healthy society, there would be a democratic process in the Democratic Party, by which elected people would be overseeing these issues by making sure there wasn’t just nepotism and insider dealing," Curry says. "That the political party itself — which is supposed to be the progressive party — has become mortgaged to a small group of Washington insiders, who raise money from large corporate PACs, [and] has become just a dead carcass of what it once was, is the most important piece of information that this contretemps over the data files has emphasized. It’s time for progressives in this country to stand up and demand a genuinely democratic process." Continue reading →

Jill Stein thinks that Hillary Clinton is scarier than Donald Trump: "On this issue of war and nuclear war, Hillary is much scarier." Continue reading →

The middle class needs to vote for Donald Trump in order to oppose the elites, Corporate America, Wall Street, the career politicians, and the media, who have all conspired to destroy the middle class. Donald Trump is the Molotov cocktail, the human hand grenade, that every beaten-down, nameless, forgotten working stiff who used to be part of what was called the middle class can legally throw into the system that stole their lives from them. Continue reading →

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"Leaves Of Yesteryear", новый альбом группы GREEN CARNATION, доступен для прослушивания ниже. Эта работа вышла 8 мая на Season Of Mist.

Трек-лист:

"Leaves Of Yesteryear"
"Sentinels"
"My Dark Reflections Of Life And Death"
"Hounds"
"Solitude" #Green_Carnation #GreenCarnation #ProgressiveRock #Progressive_Rock #AcousticRock #Acoustic_Rock #ProgressiveMetal #Progressive_Metal

Руководитель McLaren Group Зак Браун не исключил участия Дженсона Баттона в отдельных гонках серии Indycar за рулём третьей машины команды...

Организаторы американской серии IndyCar определились с датой и местом проведения первой гонки сезона – она пройдёт 6 июня на овальном автодроме Texas Motor Speedway, расположенном в городе Форт-Уорт...

Маркус Эриксон пять лет выступал в Формуле 1, а в прошлом году провёл дебютный сезон в IndyCar. Этого времени хватило шведскому гонщику, чтобы выделить главные отличия двух гоночных серий.

An updated Disaster Resilience Scorecard to help cities and local government agencies improve their preparedness and reduce risks from disasters was launched today at the Global Platform for Disaster Risk Reduction. Developed for the UN Office for Disaster Risk Reduction by AECOM, IBM with support from USAID and the European Commission, the Scorecard gives better access to information, knowledge resources, and tools to effectively reduce risks from the impacts of natural hazards and climate change.

PSA Peugeot Citroën and IBM today announced a partnership to help various industries within the Internet of Things economy to analyze data to deliver new services from connected vehicles.

IBM announced today that it has been recognized as the winner in the Business Analytics category and the Enterprise Network Storage sub-category in CRN’s 2017 Annual Report Card (ARC) awards program. The Annual Report Card summarizes results from a comprehensive survey that details solution provider satisfaction across product innovation, support and partnership for the hardware, services and software vendors they team up with. The vendors with the highest ratings are named to the prestigious Annual Report Card list of winners and celebrated as best-in-class by their partners. The results also provide the IT vendor community with valuable feedback—directly from their solution providers—that can be used to refine product offerings, enhance support offerings and improve communication with partners.

At the International Supercomputing Conference in Frankfurt, The Weather Company, an IBM Business, today announced a plan to help improve weather prediction globally via a new collaboration with the University Corporation for Atmospheric Research (UCAR) and the National Center for Atmospheric Research (NCAR), a federally funded research and development center for the atmosphere and Earth’s geospace systems.

IBM today announced that CipherHealth, a SaaS healthcare provider, has deployed IBM Power Systems™ infrastructure to run its technology platform that helps healthcare providers reduce re-admissions and improve the patient experience by providing effective patient engagement from pre-hospitalization through to post-discharge. The move to the new infrastructure has halved CipherHealth’s monthly infrastructure costs, and improved its data processing times by nearly 90 percent.

I lowered my NOx emissions by 234 PPM

IBM is bringing its expertise in sports venue infrastructure design and implementation to the practice field for newly formed Major League Soccer Club, Atlanta United, providing a year-round, state-of-the art technological experience for the players and staff.

NASCAR and The Weather Company, an IBM Busines, announced today a multi-year agreement that will optimize the weather-related decision process for NASCAR as it incorporates hyper-local weather data and forecasts into their races to improve race-day operations and fan engagement. As part of the agreement, The Weather Company, via The Weather Channel brand, becomes the Official Weather Partner of NASCAR.

IBM es y ha sido un jugador clave en el progreso de México, liderando en el transcurso de 90 años a diferentes generaciones a través de la transformación de industrias y profesiones, e impactando el panorama económico, académico y social del país gracias a la estrecha colaboración con todos los actores de la sociedad.

La seguridad se ha convertido en una cuestión central para los negocios y la sociedad. El cibercrimen costará a la economía mundial más de 2 billones de dólares en 2019, según el informe IBM X-Force Threat Intelligence Index 2017 de IBM Security, y no sólo los científicos informáticos y los investigadores serán parte del talento necesario para afrontarlo. Las nuevas carreras para la próxima generación requerirán un amplio conjunto de habilidades para ocupar roles que van desde diseñadores de productos, consultores de riesgo y formuladores de políticas. La industria necesita a gente de múltiples disciplinas, personas con habilidades creativas para la resolución de problemas e impulsar la colaboración.

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Tres proyectos que proponen mejorar la interacción y la experiencia de los jóvenes usuarios con servicios bancarios móviles, fueron reconocidos hoy por Banorte, IBM y el Tec de Monterrey como resultado del Reto Banorte en el marco de la Semana i, que la institución educativa llevó a cabo del 21 al 25 de septiembre en todo el país.

IBM (NYSE: IBM) today announced it has signed a one-year extension to its contract with Australian government agency, Medicare, for the provision of IT infrastructure services.

Icon Group first in Australia to adopt world-leading technology as part of its comprehensive cancer care offering

Watson matched tumor board treatment recommendations in up to 96% of cases;reduced clinical trial screening time by 78%, studies find. Prostate cancer is latest add to Watson for Oncology; the tech will be available to support 80 percent of the incidence of cancer by year-end. Nine new adopters of Watson oncology offerings around the globe expands Watson's reach to 55 organizations worldwide.

Matt Ridley on putting everything in perspective I love this guy… he always has a fresh perspective on things. Daily Photo – Carnival Row at Disney When I was at Disneyland in Anaheim, I thought this would make excellent subject-matter for an HDR shot. This mix of lights and textures usually comes out pretty cool. […]

Country Energy, manager of Australia's largest power network, today announced a global collaboration with IBM (NYSE: IBM) aimed at developing and deploying an Intelligent Network in Australia.