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Author Topic: Hawaiian Art Network v. Moku-aina Properties observations  (Read 9721 times)

Robert Krausankas (BuddhaPi)

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Hawaiian Art Network v. Moku-aina Properties observations
« on: January 28, 2012, 07:49:46 AM »
I've taken some time to read thru the entire complaint and the entire responce to said complaint in the of Hawaiian Art Network v. Moku-aina Properties, clearly Moku-aina are going to fight this on many levels. Below are just some of the defenses I found most interesting...

Defendants gives notice that they reserve the right to raise the defense of lack of copyright registration or fatally defective copyright registration. To the extent that the copyright registrations relied upon by Hawaiian Art Network / V.K. Tylor are inapplicable or fatally defective, this Court lacks jurisdiction over the subject matter of this action.

Defendants gives notice that they reserve the right to raise the defense that one or both of Hawaiian Art Network / V.K. Tylor lack of standing to bring the alleged claims or that Plaintiffs’ claims are otherwise non-judiciable. To the extent that  Hawaiian Art Network /  V.K. Tylor lack standing to bring the alleged claims, or the claims are otherwise non-judiciable, this Court lacks jurisdiction over such claims.

Defendants give notice that they reserve the right to raise the defenses of consent, waiver, release, abandonment, laches, acquiescence, recession, abrogation, accord and satisfaction, license, implied license, and set-off or off-set.

Defendants give notice that they reserve the right to raise the defenses of unconscionability, illegality, mistake, estoppel, copyright misuse, fraud on the Copyright Office, unclean hands, entrapment, enticement and honeypotting.

Defendants give notice that they reserve the right to raise the defense that  Hawaiian Art Network / V.K. Tylor  abandoned any copyright inhering in the subject photographs and/or that the subject photographs are in the public domain.

If Hawaiian Art Network / V.K. Tylor  were injured or damaged as alleged in the Complaint, such injuries or damages were proximately caused by acts or omissions of Hawaiian Art Network / V.K. Tylor and/or its affiliates, or others outside the control of Defendants, and not by the acts or omissions of Defendants.

Hawaiian Art Network / V.K. Tylor failed to mitigate their damages and accordingly may be barred, in whole or in part, from recovery herein.
« Last Edit: January 28, 2012, 12:33:20 PM by Matthew Chan »
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

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SoylentGreen

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Re: Hawaiian Art Network v. Moku-aina Properties observations
« Reply #1 on: January 28, 2012, 10:56:01 AM »
Love it, man.  Describes their actions perfectly.
Good work.

S.G.


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Re: Hawaiian Art Network v. Moku-aina Properties observations
« Reply #2 on: January 28, 2012, 01:12:21 PM »
Nice!
Kim

Oscar Michelen

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Re: Hawaiian Art Network v. Moku-aina Properties observations
« Reply #3 on: January 29, 2012, 07:39:58 PM »
Love it, lets hope this gets to the discovery stage so we can learn more about HAN and their operation.

Matthew Chan

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Re: Hawaiian Art Network v. Moku-aina Properties observations
« Reply #4 on: January 30, 2012, 07:36:16 AM »
I don't think HAN will let it get that far. It will either get settled or HAN will drop it. I don't think HAN will want any more information out in the public than what has already been reported.

Love it, lets hope this gets to the discovery stage so we can learn more about HAN and their operation.
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

lucia

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Re: Hawaiian Art Network v. Moku-aina Properties observations
« Reply #5 on: January 30, 2012, 10:05:13 AM »
HAN dropping a V.K. Tylor case will embolden everyone who reads here and has gotten a V.K. Tylor letter!

SoylentGreen

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Re: Hawaiian Art Network v. Moku-aina Properties observations
« Reply #6 on: January 30, 2012, 12:13:44 PM »
It would be a tough go for H.A.N./Tylor in court, that's for sure.
I rate their chances as very slim as to a "win".

S.G.

Matthew Chan

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Re: Hawaiian Art Network v. Moku-aina Properties observations
« Reply #7 on: January 30, 2012, 02:06:02 PM »
Not necessarily. HAN dropping a case could simply mean that a settlement was negotiated and agreed upon. The court dockets don't always specify this. Further, there is a good chance HAN would insist on a confidentiality clause.

HAN dropping a V.K. Tylor case will embolden everyone who reads here and has gotten a V.K. Tylor letter!
« Last Edit: February 02, 2012, 12:38:20 AM by Matthew Chan »
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

Oscar Michelen

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Re: Hawaiian Art Network v. Moku-aina Properties observations
« Reply #8 on: February 01, 2012, 10:26:04 PM »
Matt is right.  90% of the cases I settle in Federal court have confidentiality agreements attached to them that prevent the release of information and state that there is no admission of wrong doing or of lack of merit to the lawsuit etc etc

 

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