tag:blogger.com,1999:blog-12505562.post771184449004870799..comments2024-03-15T11:42:21.265-04:00Comments on The Patry Copyright Blog: Lassie Rescued AgainWilliam Patryhttp://www.blogger.com/profile/12987498082479617363noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-12505562.post-42728782465871636962008-07-15T15:28:00.000-04:002008-07-15T15:28:00.000-04:00What do you make of the 9th Circuit's attempt to d...What do you make of the 9th Circuit's attempt to distinguish its earlier holding in Milne v. Stephen Slesinger? I've always thought that <I>Milne</I> was wrongly decided, but it appears that <I>Classic Media</I> has undertaken tremendous efforts to limit the prior decision to (1) explicit revoke-and-regrant agreements that were made (2) during the period in which termination could be effected, (3) "freely intelligently entered into by the parties" (i.e., with assistance of counsel), and that (4) ended up giving the holder of the termination right a sweeter deal than the prior grant.<BR/><BR/>On one hand, <I>Milne</I> might appear to be a "better" decision under this reading, as certain agreements purporting to "waive" the termination right that might have been given effect prior to <I>Classic Media</I> will now not be given such effect. But on the other hand, doesn't this limitation make the <I>Milne</I> decision even more absurd? What courts are now asked to do is go through a whole rigmarole of equitable decisionmaking just to figure out whether an agreement is one "to the contrary" of the termination provision. Really? Even when a preliminary version of the provision allowing for court reformation of transfers after the statutory time frame was flat out rejected? It seems to me that Congress intended specifically to disallow judicial determination of these considerations and simply allow termination whenever the procedures had been followed, notwithstanding any agreement to the effect that termination could not be had. Period.<BR/><BR/>Anyways, end rant. But I would be seriously interested in hearing your opinion. Thanks a bunch...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-18158454910651800932008-07-14T13:57:00.000-04:002008-07-14T13:57:00.000-04:00After she extricated Timmy from every well, cave, ...After she extricated Timmy from every well, cave, and crevice in the county, how could these guys have thought Lassie wouldn't see the termination trap coming? Amateurs!Anonymousnoreply@blogger.com