Please create an account to participate in the Slashdot moderation system


Forgot your password?
Last Chance - Get 15% off sitewide on Slashdot Deals with coupon code "BLACKFRIDAY" (some exclusions apply)". ×

Submission + - 'Zorro' Rights Challenged as Invalid and Fraudulent (

silentbrad writes: The Hollywood Reporter has a story about a playwright who has filed a lawsuit claiming that Zorro is in the public domain: "For nearly a century, the masked outlaw Zorro has been a popular character who in books and films has been featured defending against tyrannical villains who seek to oppress the masses. Zorro has been played by Douglas Fairbanks, Antonio Banderas and others. ... But now comes a big attempt to free Zorro from any intellectual property grip. On Wednesday, a lawsuit was filed that asserts that Zorro is in the public domain, that trademarks on the character should be canceled and that the company currently professing rights on Zorro has perpetrated a fraud and that the masses should be able to exploit Zorro as they wish. According to complaint, "Defendants have built a licensing empire out of smoke and mirrors." The lawsuit, filed in Washington federal court, comes from Robert Cabell, who says that in 1996, he published a musical entitled "Z — The Musical of Zorro," that's based upon author Johnston McCulley's first Zorro story published in 1919 and the Fairbanks film that was released the following year. Cabell now says that he has been threatened with litigation after licensing his musical so that it can be performed in Germany this summer. The threats allegedly come from John Gertz, who owns Zorro Productions Inc. As a result of the reported threats, Cabell has gone to court with a complaint that's similar to the one that was recently filed in an attempt to declare "Sherlock Holmes" in the public domain. Except this one goes even further by alleging fraud on Gertz' part. "Specifically," says the lawsuit, "Defendants have fraudulently obtained federal trademark registrations for various 'Zorro' marks and falsely assert those registrations to impermissibly extend intellectual property protection over material for which all copyrights have expired. Defendants also fraudulently assert that copyrights for later-published material provide defendants with exclusive rights in the elements of the 1919 story and the 1920 film." In a 2001 decision, in a footnote, a federal judge said, "It is undisputed that Zorro appears in works whose copyrights have already expired, such as McCulley's story 'The Curse of Capistrano' and Fairbanks's movie, 'The Mark of Zorro.'" Cabell says that despite the ruling, Gertz and his company have fraudulently obtained multiple trademark registrations on "Zorro" and after allegedly duping the Trademark Office, have been using the registrations to prevent others like him from exploiting expired Zorro intellectual property. Cabell now seeks a declaration of non-infringement, permanent injunctive relief and cancellation of trademarks. He's also seeking damages for tortious interference, fraud and violation of the Consumer Protection Act. ... Read the entire lawsuit here.

Submission + - Video Games: Goods or Services? (

silentbrad writes: From IGN: "The current understanding of games as a service is quite a complicated issue, and something of a legal grey-area. So to understand it better I contacted Jas Purewal, a games lawyer at the UK law firm Osborne-Clarke, and the writer of Initially, Jas explained the nuances of how videogames have come to be considered a service:

'The legal position is unclear whether games are legally classified as "goods" or "services". If we're talking about boxed-product games, there's a good argument the physical boxed product is a "good", but we don't know definitively if the software on it, or more generally software which is digitally distributed, is a good or a service. In the absence of a definitive legal answer, software and games companies have generally treated software itself as a service – which means treating games like World of Warcraft as well as platforms like Steam or Xbox LIVE as a service.'"

Our informal mission is to improve the love life of operators worldwide. -- Peter Behrendt, president of Exabyte