tag:blogger.com,1999:blog-12505562.post116013970927031623..comments2024-03-15T11:42:21.265-04:00Comments on The Patry Copyright Blog: Mountain Lion ExpertWilliam Patryhttp://www.blogger.com/profile/12987498082479617363noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-12505562.post-1161280206195351962006-10-19T13:50:00.000-04:002006-10-19T13:50:00.000-04:00what happened to the pictures?what happened to the pictures?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1160497319555903012006-10-10T12:21:00.000-04:002006-10-10T12:21:00.000-04:00I have the photos of the works and will try and po...I have the photos of the works and will try and post them later todayWilliam Patryhttps://www.blogger.com/profile/12987498082479617363noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1160180006292143052006-10-06T20:13:00.000-04:002006-10-06T20:13:00.000-04:00My problem is this: for infringement, experts shou...My problem is this: for infringement, experts should be permitted if at all for establsing copying; not copyrightability and certainly not substantial similarity. The mountain lion lady testified about these last two, hence my disapprovalWilliam Patryhttps://www.blogger.com/profile/12987498082479617363noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1160170697102182792006-10-06T17:38:00.000-04:002006-10-06T17:38:00.000-04:00So, michael m., what you mean to say is that an ex...So, michael m., what you mean to say is that an expert naturalist on the issue of mountain lion behavior would be admissable. I doubt Prof. Patry would disagree with that notion. But this expert has probably never seen a mountain lion in the wild, much less holding its young.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1160167445871518552006-10-06T16:44:00.000-04:002006-10-06T16:44:00.000-04:00Sorry, I'm baffled by what the problem is here. I...Sorry, I'm baffled by what the problem is here. If the question is, "Do mountain lion mothers perch on a rock, holding their kittens in their mouth?", then what's wrong with expert testimony to that effect? If an expert claimed that a particular pose or positioning of the (otherwise natural) elements depicted in an artwork is wholly artificial, that would seem to give the arrangement of elements in the artwork particular consideration in determining how "thick" the copyright protection ought to be. If, on the other hand, the arrangement is naturalistic, then there's no particularly protectable quality to one artwork's depiction vs. another's.<BR/><BR/>It seems to me that expert testimony can be helpful in making that determination.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1160159594972689462006-10-06T14:33:00.000-04:002006-10-06T14:33:00.000-04:00I will try and get pictures of both works and post...I will try and get pictures of both works and post themWilliam Patryhttps://www.blogger.com/profile/12987498082479617363noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1160157017928267672006-10-06T13:50:00.000-04:002006-10-06T13:50:00.000-04:00I agree 100% about the problems with the expert's ...I agree 100% about the problems with the expert's testimony, which seems on its face to go directly to the legal questions of the case.<BR/><BR/>But, the result to me seems correct nonetheless; indeed, I wonder why the court felt the need to consider the expert's opinion at all.Anonymousnoreply@blogger.com