ExtortionLetterInfo Forums
Retired Forums => Hawaiian Letters & Lawsuits Forum => Topic started by: Robert Krausankas (BuddhaPi) on January 28, 2012, 07:49:46 AM
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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.
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Love it, man. Describes their actions perfectly.
Good work.
S.G.
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Nice!
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Love it, lets hope this gets to the discovery stage so we can learn more about HAN and their operation.
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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.
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HAN dropping a V.K. Tylor case will embolden everyone who reads here and has gotten a V.K. Tylor letter!
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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.
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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!
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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