• TheMongoose@kbin.social
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    11 months ago

    Should copyright for works that old be expired? Yes!

    In the actual world we live in, was this guy ever going to avoid being sued so hard that his grandchildren will be embarrassed for him? No!

    You’ve got to admire the lemming-like devotion to the legal cliff he threw himself off though. Writing a sequel to not only a copyright work, but one that is still in the cultural zeitgeist thanks to a 20-year old wildly successful series of films? Ballsy. Subsequently suing one of the largest companies in the world and the estate that produced the original works as infringing his copyright?

    Chutzpa, I believe the term is.

    • BustlingChungus@lemmy.world
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      11 months ago

      20 year old films? I didn’t realise someone had made the movies before Peter Jackson…

      checks date of release

      …fuck

    • SomeoneElse@lemmy.ca
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      11 months ago

      Yeah, this guy didn’t have a leg to stand on. There’s an independently owned cafe opposite sarhole mill (inspiration for “the shire”) on the street JRR Tolkien grew up on called “the hungry hobbit”. It’s been called that since 2005 - before the release of the hobbit film. A production company sued this tiny sandwich shop, sitting on a roundabout 3 miles south of Birmingham for the unauthorised use of the word “hobbit”. That was completely egregious imo. It’s now called “the hungry hobb” - they just took down the last two letters on the sign. I really should grab a sandwich from them one day.

      • BaardFigur@lemmy.world
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        11 months ago

        Hobbit was a word way before J.R.R. wrote his books, stupid that they were able to sue them

        • SomeoneElse@lemmy.ca
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          11 months ago

          When it happened I thought the typeface was the issue rather than the word hobbit. But no.Here’s before and this is after. I can’t get my head around the fact that the production company sued this tiny sandwich shop. It’s so ridiculous!

        • Nawor3565@lemmy.blahaj.zone
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          11 months ago

          Unfortunately, you can sue anyone for any bogus reason you want. And if you have more money than whoever you’re suing, it doesn’t matter how frivolous it is, because you can just bankrupt them by forcing them to pay lawyer fees.

          • SomeoneElse@lemmy.ca
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            11 months ago

            That’s precisely what happened here. The place had been called the hungry hobbit for years under multiple owners. The current owner bought it, updated some official paperwork and within the first 6 months of her ownership got hit with the “unauthorised usage” bs. She couldn’t afford to fight it. Thankfully the “hungry hobb” is still doing enough business to stay open 12 years later.

        • Auli@lemmy.ca
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          11 months ago

          Really where was it used?
          Found it but no it was not. One line in one book from 1895 “The whole earth was overrun with ghosts, boggles … hobbits, hobgoblins."
          So still think it’s very unlikely it was a word that anyone knew before the Hobbit.

          • SomeoneElse@lemmy.ca
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            11 months ago

            I get your point but in this case it’s not JRR Tolkiens estate who’s claiming copyright infringement, it’s a random production company in Sweden or something. A production company in an entirely different country with no real ties to JRRT has decided an independent cafe built on the same street as Tolkien grew up on, opposite the mill he used as inspiration, is harming their asset somehow by calling themselves the hungry hobbit.

          • DroneRights [it/its]@lemm.ee
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            11 months ago

            A word isn’t a thought. Thoughts are unique, but a word can be arrived at independently in several different ways by the sea spelled with a C, you see.

    • evranch@lemmy.ca
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      11 months ago

      Ballsy? He’s an outright copyright troll and anyone celebrating him here in the comments should read the article…

      He wrote a knockoff book and then tried to claim Tolkien’s characters as his own and sue his estate? Does nobody remember the days of BS software patent trolls trying to claim they invented “the app” or “method for clicking on things with the mouse cursor?” Do we remember how mad we were at those shysters?

      This guy deserves whatever he gets.

      • patatahooligan@lemmy.world
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        11 months ago

        I read through the article but it doesn’t seem to specify the nature of the book. How do we know it’s a “knock off”? It might very well be fanfiction. Copyright law aside, fanfiction can be original and is a valid artistic expression.

        This is quite a nuanced issue. The author is claiming that the Rings of Power copied his ideas. Even if the author didn’t have the legal right to publish this book, he might have put original ideas into his work, and the Tolkien Estate should not automatically own these. The copyright owner “should” (within the current legal framework) be able to make you take down your derivative work, but they don’t own it. The article doesn’t specify why the original lawsuit was dismissed.

    • sqgl@beehaw.org
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      11 months ago

      Speaking of Chutzpah…

      “The Fellowship of the King” title is a combination of the titles of the first book in the LOTR trilogy “The Fellowship of the Ring” and the third book “The Return of the King”.

      “The Two Trees” title is similar to the second book in the LOTR trilogy “The Two Towers”

    • AlfredEinstein@lemmy.world
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      11 months ago

      Honestly, I’m surprised he wasn’t embarrassed to claim that any part of that tedious shitheap of storytelling that Amazon produced had been lifted from his work.

      The few episodes of that ridiculous black-hole of entertainment are the only things I have ever watched where I truly wanted those hours of my life back.