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Carter Ruck on the warpath again with McCann blogs site - Page 2 Mm11

Carter Ruck on the warpath again with McCann blogs site - Page 2 Regist10

Carter Ruck on the warpath again with McCann blogs site

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Post by sans_souci on 14.12.09 16:08

@Avery wrote:
@sans_souci wrote:
@Avery wrote:What I find interesting again is the wording of the letter from Carter Ruck. It advises of an injunction against publication of the book and then goes on the state that Amaral is forbidden to speak about it Worldwide. One does hope they are not trying to confuse the reader by implying that the injunction against the book in Portugal is a worldwide injunction.

Reserach the Berne Convention - it is relevant to international publishing issues.

It is indeed relevant to publishing issues. It is to protect the artist, writer etc on copyright issues. I fail to see how it does the reverse. If one judge in one country restricts the sale of a book I fail to see how that would be a worldwide ban. No country would sign on to such a convention to restrict the freedom of speech in their country. Perhaps you could explain further how the Berne Convention does that. I do hope you are not like Carter Ruck and trying to confuse me by throwing references my way.

It is designed to protect the copyright owner (who may be the orognal author or publisher or anyone else who legally controls the copyright) and as such it can be used to avoid the necessity to take action in a multitude of jurisdictions. In this case, it can be used to restrict the sale of the book in signatory countries. The court injunction restricts the respondents ,the author (GA), the publisher, the video maker, and the TV station, from selling or distributing the book or the video. As they are the copyright holders then in order to comply with this judgement they must not sell the book anywhere, and therefore this includes all of the those who may sell the book in other countries on their behalf.
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Post by Guest on 14.12.09 16:24

@sans_souci wrote:
@Avery wrote:
@sans_souci wrote:
@Avery wrote:What I find interesting again is the wording of the letter from Carter Ruck. It advises of an injunction against publication of the book and then goes on the state that Amaral is forbidden to speak about it Worldwide. One does hope they are not trying to confuse the reader by implying that the injunction against the book in Portugal is a worldwide injunction.

Reserach the Berne Convention - it is relevant to international publishing issues.

It is indeed relevant to publishing issues. It is to protect the artist, writer etc on copyright issues. I fail to see how it does the reverse. If one judge in one country restricts the sale of a book I fail to see how that would be a worldwide ban. No country would sign on to such a convention to restrict the freedom of speech in their country. Perhaps you could explain further how the Berne Convention does that. I do hope you are not like Carter Ruck and trying to confuse me by throwing references my way.

It is designed to protect the copyright owner (who may be the orognal author or publisher or anyone else who legally controls the copyright) and as such it can be used to avoid the necessity to take action in a multitude of jurisdictions. In this case, it can be used to restrict the sale of the book in signatory countries. The court injunction restricts the respondents ,the author (GA), the publisher, the video maker, and the TV station, from selling or distributing the book or the video. As they are the copyright holders then in order to comply with this judgement they must not sell the book anywhere, and therefore this includes all of the those who may sell the book in other countries on their behalf.


I think Mr Amaral referred to this after the cancellation of the hearing a couple of days ago. He said the it only applied in Portugal, and that basically CR were throwing their weight around trying to intimidate people into thinking it applied worldwide. Something like that anyway. It is on JM site - the actual interview.
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Post by aiyoyo on 16.12.09 4:17

From what I understand they are not getting their way with that blog because the gatehoster required them to apply for a Court Order. Whether they want to risk that in the USA Court is anyone guess!
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Post by dragonfly on 07.05.11 18:17

so carter and ruck did not go ahead with that then, as site is still up and running

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Post by Angelique on 07.05.11 18:52

Yes - I think there was a few days when we couldn't access the site but then it back and I presume they didn't follow up the threat. TB will know more than I though.

Pamalam lives to fight another Day!

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Post by ufercoffy on 07.05.11 18:55

There are hundreds if not thousands of blogs and forums discussing this case and the lawyers can't deal with them all - it would take up too much of the McCann's money and they'll never get their mortgage paid off at this rate. They are just putting the willies up us all when their time would be better putting the willies up the McCanns in the hope they'll tell the truth for once.

Funny how Pamalam and mccannfiles got letters though winkwink

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