BBM Copyright Infringement Lawsuit

[Shakesthecoffecan]

That was my thoughts, hoping to be a thorn in the side of Universal, which has plenty of money, it might make sense to play them off rather than tie up their lawyers for however many years.

I hope they don't, just ain't right.

[Shakesthecoffecan]

Here is a review of her book from 2005: (http://www.branscum.net/archives/2005/05/index.html)

May 14, 2005
Baffling PR: Novel or Nonfiction?
I understand that a certain flexibility, let's call it, has crept into the definition of nonfiction. There was one author, for example, who explained to students, although not her readers, that she had tweaked various things in her memoir. (For flow? To improve the narrative? Don't recall and don't actually object to the practice if it is disclosed to readers.) But what are we to make of this newly processed chunk o' marketing communications?

"The Book That’s Sending Shock Waves Across the Nation

"Author Janice Scott-Blanton releases her debut non-fiction novel 'My Husband Is On the Down Low and I Know About It,' published by JaRon Publishing Group.

"(PRWEB) May 14, 2005 -- On March 20, 2005, Janice Scott-Blanton’s released her debut novel with a celebration at the Zanzibar on the Waterfront in Washington, DC. Scott-Blanton has written a true to life novel that is taking readers on a journey into the life of Annette Hawkins (alias), who is confronted with her military husband’s lifestyle of living on the 'down low.' ... Scott-Blanton has conducted dozens of face-to-face and telephone interviews with Annette, reviewed a video tape and read journals that Annette and Lieutenant Colonel James Hawkins maintained over the years." Gotta wonder about that videotape. Was she watching home movies of a family BBQ or something considerably hotter?

Perhaps this book is nonfiction, with names changed to protect real individuals. Maybe it's a novel that was inspired, as the movie folks like to say, by true events. Fine either way. But a nonfiction novel? Get outta Dodge. Stop scaring the horses and confusing the pitifully few readers left in our great country.

[Toast]

Is the american judiciary so far out of touch that someone can file a $250,000,000 case alleging that a story written in 1997, filmed in 2004, released in 2005 can be accused of stealing ideas from some laughable book self-published in early 2005?

Don't they have a little slip that you fill in giving the details of your case?
Do the "author", "lawyer", and "filing clerks" all think a 'great idea' becomes a film from May to September of the same year?
But then maybe you have to go into court to get thrown out of court.

I hope to god that he didn't sleep with the sheep, because then the case will probably go to $350,000,000.

[nakymaton]

Is the american judiciary so far out of touch that someone can file a $250,000,000 case alleging that a story written in 1997, filmed in 2004, released in 2005 can be accused of stealing ideas from some laughable book self-published in early 2005?

Maybe the lawyer plans to submit a time machine as evidence.

[MaineWriter]

Maybe the lawyer plans to submit a time machine as evidence.

LOL...I wonder if that would even work. The whole thing is ludicrous and the book is crap...at least based on the excerpts I read. As I said in my earlier post, I believe this is all a publicity stunt, pure and simple.

And the fact that we are talkiing about shows that she is getting the publicity she wants. There are enough foolish people out there that will actually buy her book because of this. That's all the author wants.

L

[Mikaela]

Well, if nothing else comes of this inane lawsuit at least I had good bemused fun reading about it, and even more so reading all the witty comments in this thread!  

And "thanks" to Oprah   I don't even have to ask what being on the down low means; - her very so-so interview with the BBM cast cleared that one up for me one year ago.    Eeep, how time flies!  Something Janice Scott-Blanton has completely failed to notice, it would seem.....

[Lynne]

Nothing new here - just that The Advocate also has the story:

http://www.advocate.com/news_detail_ektid41457.asp

[Toast]

Thanks Lynne for the text of the story as it appeared on a GAY site.
   Our straight friends at FOX might get a field day out of this.

Obviously the Advocate did the usual thing and ran the story without any independent checking of the "facts" of the story.  Don't they know the Brokeback timeline??

We all should email the Advocate  letting them know that Annie Proulx did her writing before 1997, and that screenplays were circulated in 2003 and 2004 before the film was filmed in the first half of 2004. 
[email protected]

I think someone should check out the whole book.
Does her husband call his dick "Uncle Harold"?
Are there tires or tire-irons in the book?
Is there a mention of eating beans in her book?
Maybe there's a pup tent in the book, surely to god a pup.... or a horse.
Mmmmm???




Janice Scott-Blanton, M.Ed., is a native of Mobile, Alabama, is a former alcohol & drug clinician turned relationship author and columnist. She lives in the Washington, D.C. metropolitan area.

She even has the handkerchief codes in her book.

[Lynne]

30 January 2007

Author Janice Scott-Blanton filed $250 million lawsuit claiming there are too many coincidences between the film ‘Brokeback Mountain’ and her novel, ‘My Husband is on the Down Low and I Know About It’.

The similarities, she says, are evident in over 50 scenes in the movie, including the first sexual encounter between the two cowboys.

Publication dates may be of particular interest to the courts: Scott-Blanton’s novel came out in March 2005; Annie Proulx’s short story, later adapted into the film, was published in 1997. You do the math.

http://www.gcn.ie/content/templates/dailydish.aspx?articleid=1832&zoneid=2

[Toast]

"The complaint alleges that similarities between her novel My Husband is on the Down Low and I Know About It and the Academy Award winning motion picture film Brokeback Mountain 2005, are more than coincidence."

I think Universal should act all scared, let her and her "lawyer" prove their case of the similarities, and then let the judge (and jury of her peers) decide how come her book is so much like Brokeback Mountain, which was an earlier publication.  Maybe Universal could claim the $250,000,000 from her.  Her husband might be down low, but how low is she?