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  • #31
    zooey, I get the sense you are a lawyer or have significant legal training, so I figure I'd ask U.
    I dig this is in australia and you are US (I assume Australia is common law) , but do you think there is an opportunity for a laches defense in the Men at Work case?

    I'm not knowledgeable on the practicals of laches, I dig the basic concept and that's abt the limit of my exposure to it.


    I'm a practicing IP attorney, but I'm not a litigator. It certainly sounds to me like the the copyright owner sat on his rights for an unreasonably long time.

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    • #32
      Lawyers At Work. :facepalm:


      Hey! You stole the first third of that from Jackson Brown!!! Somebody sue Phil!!!

      Steve
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      • #33
        I'd say more like "executives at work" - the lawyers might bring up the opportunity, even advise the client that -in their opinion - it would be a good idea for this and that reason, and then in litigation present the best case for their client -- but it's the client, the exec, the IP owner that has to give the "go"...it's their IP, it's their claim

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        • #34
          Reminds me of an old famous (I think) cartoon, where a cows head was being pulled by a person, the tail being pulled by another person, and a lawyer sitting in the middle milking the cow into a rather large bucket
          https://soundcloud.com/miden-entertainment

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          • #35
            And the milk is being drunk by an exec

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            • #36
              The theme is obvious in the flute part, but what a ridiculous lawsuit and ruling. We live in desperate times indeed. I remember singing Kookaburra in kindergarten here in the states... Mrs. Roth's morning class in case you're wondering.
              "Everybody loves you when you're six foot in the ground."
              ~John Lennon

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              • #37
                Here's an interview with Warren Fahey who created Larrikin Music and sold it in the late 80s. It's his take on the affair.

                http://mpegmedia.abc.net.au/rn/podcast/2010/02/bst_20100209_0807.mp3
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                • #38
                  Reminds me of an old famous (I think) cartoon, where a cows head was being pulled by a person, the tail being pulled by another person, and a lawyer sitting in the middle milking the cow into a rather large bucket


                  My dad, a lawyer, has that very woodcut print framed lovingly in his study....:lol:
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                  • #39
                    Here's an interview with Warren Fahey who created Larrikin Music and sold it in the late 80s. It's his take on the affair.

                    http://mpegmedia.abc.net.au/rn/podcast/2010/02/bst_20100209_0807.mp3


                    So the melody for Kookaburra is not even original.
                    WTF?
                    How is it possible for copyright to exist in a work that wasn't actually
                    composed by the supposed author?
                    Well at least the music wasn't.
                    Seems that Marion Sinclair adapted the "original" melody and may've even
                    simply changed the "original" lyrics to be "more Australian".

                    I wonder if defense lawyers actually knew about this and played it to the court?

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                    • #40
                      let's see what the appeal comes up with.
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