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 Posted:   Nov 16, 2014 - 8:36 AM   
 By:   Solium   (Member)

I was curious how this came about...

Assuming the Wiki article is correct it provided some interesting and humorous information on the disclaimer: All characters appearing in this work are fictitious. Any resemblance to real persons, living or dead, is purely coincidental.

Take note of the Thunderbirds disclaimer. But I wonder why this isn't used on television shows, and fictional novels? Also, do disclaimers really ever work in preventing a lawsuit?

http://en.wikipedia.org/wiki/All_persons_fictitious_disclaimer

 
 
 Posted:   Nov 19, 2014 - 11:47 AM   
 By:   Ado   (Member)

There are a lot of legal disclaimers, but I heard that they have little to no influence over liability of anyone. Just because someone said they did not steal it does not mean they did not steal it.

 
 Posted:   Nov 19, 2014 - 3:22 PM   
 By:   Solium   (Member)

They pay lawyers big bucks to come up with stuff like this. Do you think its for PR reasons then?

 
 
 Posted:   Nov 19, 2014 - 6:45 PM   
 By:   jenkwombat   (Member)

Similarly, I've often wondered whether, when a store/product/restaurant/establishment posts a sign which says "We are not responsible for....(whatever)".... does that really shield them from being sued? It seems like people are sued for everything these days, so why would simply posting a sign shield them from a plaintiff's "due process" rights (or whatever it's called) in this overly-litigious society we live in?

 
 
 Posted:   Nov 19, 2014 - 6:59 PM   
 By:   JEC   (Member)

I was curious how this came about...

Assuming the Wiki article is correct it provided some interesting and humorous information on the disclaimer: All characters appearing in this work are fictitious. Any resemblance to real persons, living or dead, is purely coincidental.

Take note of the Thunderbirds disclaimer. But I wonder why this isn't used on television shows, and fictional novels? Also, do disclaimers really ever work in preventing a lawsuit?

http://en.wikipedia.org/wiki/All_persons_fictitious_disclaimer


I've always been curious about the inclusion of the words "or dead". I'm no lawyer, but I thought it wasn't possible to libel the dead.

 
 Posted:   Nov 19, 2014 - 7:58 PM   
 By:   Solium   (Member)

I was curious how this came about...

Assuming the Wiki article is correct it provided some interesting and humorous information on the disclaimer: All characters appearing in this work are fictitious. Any resemblance to real persons, living or dead, is purely coincidental.

Take note of the Thunderbirds disclaimer. But I wonder why this isn't used on television shows, and fictional novels? Also, do disclaimers really ever work in preventing a lawsuit?

http://en.wikipedia.org/wiki/All_persons_fictitious_disclaimer


I've always been curious about the inclusion of the words "or dead". I'm no lawyer, but I thought it wasn't possible to libel the dead.


A spouse or next of kin holds the copyrights and image of their famous deceased relative. If Elvis's name or image was used without permission or defamed it could hurt the marketing power and profits they inherited. One can use a famous person or character in parody without permission. But one can still be sued even under parody laws.

 
 
 Posted:   Nov 19, 2014 - 8:21 PM   
 By:   betenoir   (Member)

. . . All characters appearing in this work are fictitious. Any resemblance to real persons, living or dead, is purely coincidental.

. . . But I wonder why this isn't used on . . . fictional novels? . . .


Actually this disclaimer is used in nearly all novels I have read. It's up in the fine print with the copyright info.

 
 Posted:   Nov 20, 2014 - 8:47 AM   
 By:   Solium   (Member)

. . . All characters appearing in this work are fictitious. Any resemblance to real persons, living or dead, is purely coincidental.

. . . But I wonder why this isn't used on . . . fictional novels? . . .


Actually this disclaimer is used in nearly all novels I have read. It's up in the fine print with the copyright info.


Ah, cool, thxs for the confirmation. I obviously don't read fiction! (I'm into art, computer, and science books)

 
 
 Posted:   Nov 20, 2014 - 9:00 AM   
 By:   Thor   (Member)

Similarly, I've often wondered whether, when a store/product/restaurant/establishment posts a sign which says "We are not responsible for....(whatever)".... does that really shield them from being sued? It seems like people are sued for everything these days,

Mostly in the US, I think. I've often wondered why Americans are so eager to sue over anything and everything, sometimes the most absurd thing (I'm reminded of the Seinfeld episode where Kramer spills hot coffee all over himself and sues the coffee company for having too hot coffee). Maybe it's something that goes back to the wild west, where prospectors had to shield their land rights from thieving bastards. smile

 
 
 Posted:   Nov 20, 2014 - 11:48 AM   
 By:   Ado   (Member)

I have in the past worked in a large entity where I faced the occasional threats of legal action, my reaction has always been - with glassed over eyes - 'go ahead and stand in line with everyone else suing everyone'.

Thor is right, it is so totally out of hand in the US that it has absolutely no meaning whatsoever as a threat anymore, it is not in the least bit scary at all. And the kind of people that usually threaten suits are most often the least educated and the most desperate.

Unfortunately, as in the real Mcdonald's hot coffee case, the judges and jury sometimes do not have the least common sense, and award millions of dollars for something that could have been prevented if the plantiff had any intelligence. As far as copyright law it has has gotten pretty out of hand as far as suits, although I think they are more often thrown out for lack of substance.

Of course there was the recent absurdity about the self help author trying to claim HOW as a private copyright and suing the yogurt company. This guy is a real yutz. I dare you to read this absurdity.

http://www.nytimes.com/2014/10/06/business/chobani-and-dov-seidman-wrestle-over-use-of-how-trademark.html?_r=0

 
 
 Posted:   Nov 20, 2014 - 12:21 PM   
 By:   Tall Guy   (Member)

I have in the past worked in a large entity where I faced the occasional threats of legal action, my reaction has always been - with glassed over eyes - 'go ahead and stand in line with everyone else suing everyone'.

Thor is right, it is so totally out of hand in the US that it has absolutely no meaning whatsoever as a threat anymore, it is not in the least bit scary at all. And the kind of people that usually threaten suits are most often the least educated and the most desperate.

Unfortunately, as in the real Mcdonald's hot coffee case, the judges and jury sometimes do not have the least common sense, and award millions of dollars for something that could have been prevented if the plantiff had any intelligence. As far as copyright law it has has gotten pretty out of hand as far as suits, although I think they are more often thrown out for lack of substance.

Of course there was the recent absurdity about the self help author trying to claim HOW as a private copyright and suing the yogurt company. This guy is a real yutz. I dare you to read this absurdity.

http://www.nytimes.com/2014/10/06/business/chobani-and-dov-seidman-wrestle-over-use-of-how-trademark.html?_r=0



I'm loving it!

Oh, 'scuse me, someone's at the door...

 
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