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« 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.
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