Tuesday, April 30, 2013

Baby Taken From Parents Who Sought 2nd Medical Opinion

Megyn Kelly interviews parents whose baby was taken by California authorities after they disagreed with doctor's diagnosis.

We're hearing more details about an incredible story out of California, where a couple watched as Child Protective Services came to their house and took away their five-month-old baby. Anna and Alex Nikolayev were told by doctors that their son, Sammy, urgently needed open heart surgery. They wanted a second medical opinion, but took him out of the hospital without a formal discharge and against a doctor's orders.

Here's the full background...

               One California couple is celebrating after a Sacramento county judge ordered their 5-month-old son be taken out of protective custody and transported to a Stanford hospital in Palo Alto, News 10 reported.

               The decision came one week after police and Child Protective Services removed Anna and Alex Nikolayev’s son, Sammy, from the couple’s house. The reason: They had sought a second medical opinion for their child.

                The Nikolayevs can now see Sammy whenever they want and have control over the child’s medical decisions, but CPS will continue to monitor the situation.

              “It’s like a special day for us,” Anna told News 10, a local ABC affiliate. “We’re like a unit with our son again.”

               The Nikolayevs, a young Russian couple living in Sacramento, took their 5-month-old son Sammy to Sutter Memorial Hospital in Sacramento when he started to exhibit flu-like symptoms.  But when they arrived at the hospital, the couple became concerned about their son’s treatment, after Anna witnessed a nurse giving Sammy antibiotics – something a doctor had not instructed her to do.

                After hearing their son needed open heart surgery as soon as possible, the Nikolayevs took Sammy out of Sutter Memorial without a formal discharge and rushed him to Kaiser Parmanente Medical Center in Sacramento, a rival hospital to Sutter.  There, the child was deemed clinically safe to return home with his parents.

              But just one day later, the police and CPS arrived to take Sammy from his parents.  He was placed in protective custody, and the parents were granted limited visitation rights.

             Now, by order of the judge, Sammy will stay at Stanford Medical Center, where he will get a second medical opinion.  However, the couple must allow CPS to visit their home once Sammy is discharged, and they must agree to never take him from a hospital against medical advice.

"They still want to control our life," said Anna, responding to Megyn's question about why authorities should still be able to make regular visits to check up on Sammy.

Weinberger said the Nikolayevs did what any parents would do in seeking a second opinion before deciding a major surgery for their child.

"It's not like they went home and sat around. They went to another hospital," said Weinberger, noting that the parents had an "antagonistic" relationship with the first doctor.

Alex Nikolayev said he received a call from his wife the next day, saying cops were outside and going to break the door down.

"I asked them if they had a warrant. Next thing you know I'm basically being pushed, dropped to the ground," he said, recalling that officers handcuffed him, then took away his keys and tried to enter the house. At that point, he said he called his wife from outside and told her to call 911.

Weinberger said he believes authorities have been lying and trying to cover up "to justify an action that is completely unjustifiable," vowing that a lawsuit is "absolutely" forthcoming.

See Video's ... http://foxnewsinsider.com/2013/04/30/police-take-baby-away-family-wanted-second-medical-opinion#ixzz2Ryv4JpkV

Artist Privacy at Stake in Digital Royalties Dispute - Universal Music

A proposed class action lawsuit was launched against Universal Music Group over digital income. The litigation from Rob Zombie and Rick James on behalf of themselves and others under the UMG umbrella seeks substantial damages from the record label's decision to treat income from downloads off of venues like Apple's iTunes as "sales" instead of "licenses."

The lawyers representing the plaintiffs want UMG to turn over download revenue and volume data tied to particular artists so they are able to come up with a calculation of damages and order the information in an effort to gain class certification.

But UMG is telling a judge that's not reasonable, and if it happens, the privacy of artists will suffer.

The current litigation, in many ways, is a follow-up from a path-breaking 2010 ruling by the Ninth Circuit Court of Appeals over a dispute pitting Eminem's production team of Mark and Jeff Bass against Eminem's record label, Aftermath (a subsidiary of UMG). At the 9th Circuit, the judges ruled that a lower court had erred by not deeming the label's agreements with third-parties download providers as licenses instead of sales.

The attorneys for other UMG artists want to repeat the success, which would entitle these artists to collect about 50 percent of collected digital revenue instead of about 15 percent.

But this case is somewhat more complicated given the potential number of artists who have contracts with UMG. Not every artist has precisely the same contract. Not all artists enjoy the same level of success. Commonality is one of the factors that a judge will consider when deciding whether or not to certify a class action.

The plaintiffs' lawyers think that having access to data will help them sort through the issues in preparation for certification. And they're not willing to settle for data that leans on anonymity such as "Artist #437 had 1000 downloads and $785 in download revenue in 2005."

The plaintiffs are willing to designate the information potentially handed over as "Attorneys' Eyes Only," but UMG is objecting with a noteworthy argument on "third-party privacy interests."

UMG says that "the issue' here is that the plaintiffs' attorneys -- "all 50 or so of them" -- do work in the music industry. UMG lawyers states in a court filing on Friday, "Under plaintiffs' proposal, plaintiffs’ attorneys and music-industry professionals could review the private financial information of thousands of recording artists with whom they may have adverse relationships, and who have not indicated any desire to be part of any class or to be represented by these attorneys or professionals."

In the case involving Eminem music referenced above, UMG asserts that "when plaintiffs earlier sought private download data for just a single artist, Eminem... he strenuously objected, and was prepared to intervene until Plaintiffs agreed not to seek such data at all."

UMG also believes that the "true, disguised purpose in seeking the artist names is to help evaluate their case for settlement purposes."

Read More... http://www.hollywoodreporter.com/thr-esq/universal-music-says-artist-privacy-449049

Sam Donaldson's (News Anchor) DUI Case Set

Sam Donaldson, the ABC News anchor arrested in December and charged with driving under the influence of alcohol, pleaded not guilty and requested a nonjury trial in the Sussex County Court of Common Pleas, where a Georgetown attorney familiar with DUI cases will represent him.

Donaldson was arraigned April 22 on the DUI charge, as well as a charge of making an improper lane change, court records show, after his case was elevated from Justice of the Peace Court, where many DUI charges are adjudicated. A trial is scheduled for June 10 in Georgetown before Judge Rosemary B. Beauregard.

Donaldson, 79, of McLean, Va., was stopped by Lewes police while driving on Savannah Road shortly before 8 p.m. Dec. 1. After standard field sobriety tests, he was arrested and charged, Lewes police said. Lewes Police Chief Jeffrey Horvath said at the time that the arresting officer did not recognize Donaldson as a public figure, and that Donaldson was “polite and cooperative.”

The broadcast news veteran covered Watergate for ABC and was a White House correspondent for the network during the Jimmy Carter and Ronald Reagan administrations. He co-hosted the Sunday news show “This Week” from 1996 to 2002, and was a longtime host of ABC’s news magazine show “Prime Time Live.” He remains an occasional guest panelist on “This Week,” although he has not taken part in the show’s roundtable discussions in 2012 or 2013, according to ABC News’s transcripts of the episodes.

Read More... http://www.delawareonline.com/article/20130430/NEWS/304290075/1010/rss0905?nclick_check=1

Cast Members Arrested from "Myrtle Manor"

Amanda Lee Adams was  on suspicion of DUI Friday. Previously reported, Amanda is accused of slamming her Jeep Wrangler into a power pole.

Confusion -- Amanda can't remember what she had to drink before getting in the car ... something around 3 beers and 1 shot. Maybe.

Confidence -- Amanda swears she's a safe driver ... and tells cops she's only in town because she's on a "f**king TV reality show."

Desperation -- "I have to pee really bad ..."

Sadness -- Once she bombs the field sobriety test, Amanda is placed under arrest for DUI. That's when she starts bawlin'. Through the tears, she whines, "My daddy's gonna hate me."

As we previously reported, Amanda is accused of slamming her Jeep Wrangler into a power pole. We got the pics of the wreckage ... and it ain't pretty.

Arrest #1: 28-year-old Taylor Jonathan Burt was popped by cops Saturday night after a teenage girl (under 16) told the Myrtle Beach PD she and Burt engaged in sexual relations, according to a local report.

Arrest #2: Lindsay Brooke Colbert was arrested Sunday AM on suspicion of DUI. Cops say they pulled Lindsay over for speeding, but when they approached her ride, not only did she reek of alcohol ... there was an open bottle of rum near the driver's seat, according to local reports.

The 21-year-old was given a field sobriety test -- which she bombed -- and then reportedly accused the cops of picking on her because she's on TV. Police say LBC blew a B.A.C of .15 ... almost twice the legal limit in South Carolina.

Read More...  http://www.tmz.com#ixzz2RxAGRZ7E

Hunger Games Actor Jeffrey Wright Arrested For Drunk Driving

Jeffrey Wright was arrested for drunk driving in New York City on Saturday, according to multiple reports.

The “Catching Fire” actor, 47, was reportedly pulled over on a lower East Side street in the early morning hours after police spotted him driving erratically, law enforcement sources reportedly told the New York Daily News.

Soon to be in “The Hunger Games: Catching Fire”

Read More... http://www.accesshollywood.com/catching-fires-jeffrey-wright-arrested-for-drunk-driving-in-new-york-city-reports_article_78673

Monday, April 29, 2013

Barry Diller said Monday that Aereo's recent legal victories make it clear that networks and studios suing to stop his IAC-owned service are fighting a losing battle.

The IAC topper says networks and studios' impending petitions for government intervention against the streaming service are also futile: “No incumbent ever wants to see its territory invaded."

“We think the lawsuit is over, but what we think is broadcasters are doing is saying this is a terrible threat and [they are trying to] get Congress to act," the IAC chairman and senior executive told a crowd at the Milken Institute's Global Conference in Los Angeles. "I don’t think it will happen, but its up for grabs.”

Diller said it was not his intent to disrupt the cable and broadcast industry. Aereo it just part of the changes in business models being brought about by technology advances.

“The reason it interested me was not that I wanted to go into the newly enabled business of technology with antennas,” said Diller  “We’re just starting on video.. It's just beginning and its going to absolutely change most things. It will break up the closed and bundled system of cable and satellite distribution because I think it has  gotten unwieldy.”

ANALYSIS: How Talent Loses if Aereo Wins

The resistance has not surprised him. “No incumbent ever wants to see its territory invaded,” said Diller. “That makes them angry if you invade the territory of a closed system.”

Diller is the primary backer of Aereo, which broadcasters and studios see as the latest technological challenge to owners of intellectual property. Aereo takes signals from over the air -- without paying royalties or retransmission consent fees -- and delivers them over the Internet in packages sold to viewers as an less expensive alternative to paying for cable TV. 

Aereo offers consumers a full lineup of broadcast stations. That includes the ability to fast-forward past commercials and record programs on digital recorders for later use.

On April 1, The Second Circuit Court of Appeals declined to issue an injunction against the streaming-TV service Aereo in a legal battle with broadcasters and film studios including Disney’s ABC network and Twentieth Century Fox. Hollywood says Aereo is the same as a cable-television network, so it falls under the 1976 Copyright Act which bans unlicensed communications with “the public,” “by means of any device or process.”

The three-judge panel ruled that by providing individual streams to consumers Aereo was similar to a consumer streaming a TV show from a Slingbox in one room to a TV set in another room. The judges said Aereo has one TV antenna and one recording device for each subscriber, so it is not the same as a cable TV system.

Aereo is already available in the New York City market and will launch in Boston on May 15. The company has said it will soon expand to about 20 other markets, including Chicago, Philadelphia and Washington, D.C.

When asked about the threat by broadcasters to move their prime programming to cable TV to protect it from Aereo, Diller said “there is literally no chance. I think they are doing it  so enough people will say that would be terrible. Let’s get Congress to change the law.”

Read More... http://www.hollywoodreporter.com/news/barry-diller-defends-aereo-says-448340

"Pulp Fiction" Quentin Tarantino's Red Car was Stolen 17 years ago Returned!

The iconic red ’65 Chevy featured in Pulp Fiction has been recovered after it was stolen from outside director Quentin Tarantino’s home 17 years ago, found in Oakland, Ca.

police officers had arrested a man suspected of classic car theft in Southern California on Tuesday. Although he was not arrested for stealing the Chevy in question, the investigation led authorities to the Oakland, Calif., area, where the automobile was found.

According to the report, the car’s VIN number had been changed.

The unidentified man who was arrested Tuesday will not be charged with stealing the Chevy because the statute of limitations on auto theft has run out.

Read More... http://www.hollywoodreporter.com/news/pulp-fiction-quentin-tarantinos-stolen-447371

Publicist Max Clifford Charged With 11 Sexual Assaults

Clients have included Simon Cowell, committed "indecent" assaults on 14- to 19-year-olds between 1966 and 1985.

U.K. celebrity publicist Max Clifford has been charged with 11 "indecent" assaults, authorities here said late Friday.

The PR man, whose clients have included Simon Cowell, was in December arrested and questioned as part of an investigation into sexual assaults committed by late TV host Jimmy Savile and others.

Britain's so-called Crown Prosecution Service said Friday evening that it has authorized police to charge Clifford with 11 indecent assaults allegedly committed between 1966 and 1985.

“We have carefully considered the evidence gathered...in relation to Max Clifford who was initially arrested on 6 December 2012 over allegations of sexual offenses," said Alison Saunders, chief Crown Prosecutor for the CPS London. "We have concluded that there is sufficient evidence and it is in the public interest for Mr. Clifford to be charged with 11 offenses of indecent assault relating to seven complainants."

Among the charges are one offense of "indecent assault" on a 14-year-old girl in 1966. The other victims were between the ages of 15 and 19, authorities said.

He wasn't charged in the case of three other allegations.

Clifford, 70, will have to appear at a court hearing on May 28. He previously called all allegations "completely false."

Read More... http://www.hollywoodreporter.com/news/uk-publicist-max-clifford-charged-447318

Copyright Jury Trail Over 'Madden NFL'

Game designer suing EA over one of the most popular sports games ever -- a $4 billion franchise.

Thursday night, at the National Football League's annual amateur player draft, football legend Barry Sanders took the stage. Sanders was on hand to celebrate the fact that millions of fans of the Madden NFL game from Electronic Arts had voted him onto the cover of the mega-selling franchise's forthcoming 25th anniversary edition.

EA prepares for another coming event -- a jury trial over Madden NFL with lots of money at stake and innovative copyright issues like whether it's possible to protect the design of football plays and formations.

The lawsuit comes from Robin Antonick, who developed a prototype for a football game on the old Apple II operating system and then was hired in 1984 by EA to write the source code for a game called "Football." The following year, EA contracted with Hall of Fame football coach and broadcast announcer John Madden to lend his name to the game, and Antonick worked on the initial videogames in exchange for royalties. But eventually, Antonick was cut out of the franchise, which has collectively sold over 100 million copies and earned more than $4 billion in sales.

In his claims filed in California federal court, Antonick alleges that the games continue to use elements he created, and as such, he deserves to participate in the profits. EA has called his lawsuit "quixotic" without any proof that it has copied any of his code, but on Thursday, a judge made a brief but bold ruling that will allow Antonick to try some of his claims before a jury starting on June 10.

First things first. Copyright is supposed to protect expression -- not ideas. When it comes to something like movies, expression is not always easy to distinguish from ideas, but there are elements like scenery, dialogue and characters to point to in figuring out whether whether expression has been misappropriated. Typically, judges attempt to weigh whether one work is "substantially similar" to another work by analyzing the congruence of those elements.

Video games present a unique challenge. In weighing the substantial similarity of expression from one work to the next, should judges and juries look at the literal source code that comprises a game or should these adjudicators focus on what that code expresses?

In defending the lawsuit from Antonick, whose contract entitled him to royalties on derivative versions of his work, EA believed that the judge should center his attention on the code. The company has asserted that the later Madden games were independently created by game developer Jim Simmons who never saw Antonick's source code. And as for the game elements, EA said the "ideas, methods and systems" were "elements inherent in the game of football and dictated by the videogame technology of the era -- unprotectable under various copyright doctrines."

Some examples from EA's motion for summary judgment:
"The width of a playing field in a videogame is an idea or abstract rule, not protected by copyright."

"Virtual player attributes are functional parts of a system, and therefore unprotectable under copyright... Antonick's player ratings system is based on inherent elements of football, and therefore not copyrightable under the scenes a faire doctrine."

"The use of 'decision points' that stimulate football is nothing more than granular rules for a computer-mediated, turn-based game. The use of such rules for sports simulations is neither new nor copyrightable."

"To pursue the virtual ball carrier... these elements are 'methods' or 'behaviors' governing how defenders move within the game, and therefore uncopyrightable... Tackling ball carriers when they are within reach is behavior that is necessary to model a realistic football simulation."

Perhaps most intriguing was the discussion over the copyrightability of football play formations. EA attempted two big arguments to shoot down the theory that someone could lay claim here.

First, it argued that football plays are not subject to protection because they didn't fit into any of the eight subject matter categories defined by the Copyright Act.

"Only one of those—'pantomimes and choreographic works'—even arguably could include football plays and formations," says EA's legal papers. "But the Copyright Office has clarified that 'a selection, coordination, or arrangement of functional physical movements such as sports movements, exercises, and other ordinary motor activities alone do not represent the type of authorship intended to be protected under the copyright law as a choreographic work.'"

Second, it argued that what Antonick had created wasn't original. "John Madden provided EA with the Oakland Raiders’ playbook so that EA could incorporate the plays into the videogames that bore his name," said the company. "Antonick admits that his only role was to translate those visual representations of plays—already selected, named and organized by EA—by writing the necessary code."

In reaction to EA's summary judgment, Antonick's lawyers made several rebuttal points.

The plaintiff says that his 1986 contract with EA entitled him to royalties to games even if his source code wasn't used verbatim. He would get money so long as the new games were derivatives, which was defined in the contract as "adaptations of the Work to operate on computers or operating systems other than described in the Specifications."

Antonick says that there were all sorts of other contractual points that ensured his financial participation -- he even was referred to as an "Artist" in the contract -- but even if the derivative work was limited to copyright, he claims that he deserves royalties. He says there's evidence that EA had "access" to his work and that the subsequent Madden games were substantially similar.

"A reasonable jury could conclude that midway through development, EA decided to transform an 'arcade' football game into a realistic Madden branded NFL simulation," says the opposition to EA's motion. "With barely two months to make the change and a programmer lacking football game experience, EA simply copied all the platform independent elements of Antonick’s game—its plays, its carefully crafted system of player ratings and its AI."

With specific regards to football plays, Antonick's lawyers say, "The 'work' here is a software program, not a football-themed ballet. Antonick is not trying to copyright 'functional physical movements.' What is protected under even the most cramped view of copyright is the selection of plays and the expression of those plays in the original game... Indeed, EA itself implicitly recognized the irrelevancy of the copyright rule when it licensed Madden’s Raiders playbook to create 'derivative' works."

STORY: Settlement Reached in Lawsuit Filed by NFL Star Fired as Pitchman for 9/11 Conspiracy Tweets

Here's EA's full summary judgment motion and Antonick's response.

On Thursday, U.S. District Judge Charles Breyer narrowed the scope of Antonick's claims but allowed enough of it to go forward -- including, yes, football plays -- to potentially make for one of more important as well as entertaining trials this year.

"First, the Court finds that Antonick’s contract claim for unpaid royalties is limited to derivative works within the meaning of United States copyright law," wrote judge Breyer in a short decision (read here...  http://www.scribd.com/doc/138127473/Ruling-Madden   ). "Second, the Court finds that, of the similarities identified by Plaintiff’s expert.

Read More... http://www.hollywoodreporter.com/thr-esq/electronic-arts-faces-jury-trial-447243

Saturday, April 27, 2013

Filmmaker from West Hollywood Arrested by Venezuelan Government

Timothy Tracy, a 35-year-old West Hollywood filmmaker who traveled to Venezuela to make a film about the country’s political unrest, has been arrested by the Venezuelan government and accused of instigating the divide that has grown in the country following the April 14 presidential election.

On Friday, U.S. Rep. Adam Schiff, who represents the 28th District, which includes West Hollywood, called on the Venezuelan government to release Tracy, who was arrested Wednesday evening as he prepared to fly out of Caracas.

“Venezuela’s arrest of Tim Tracy, a documentary film-maker on trumped up charges is an unsettling indication that Hugo Chavez’ intolerance of press freedom has survived his death,” Schiff said in a press statement. “The charge, reportedly personally approved by President Nicolas Maduro, that Mr. Tracy is  ‘creating violence in the cities of this country,’ is ludicrous on its face.

While Venezuela’s political opposition claims that fraudulent voting led to the election of current president Nicolas Maduro, the Venezuela government has accused the Obama administration of being behind the country’s troubles in preparation for an invasion.

“The gringo who financed the violent groups has been captured,” Maduro said on state television, according to the Washington Post. “I gave the order that he be detained immediately and passed over to the attorney general’s office.”

In a news conference on Thursday, Interior Minister Miguel Rodríguez said the government has video evidence that Tracy was channeling money from non-profit organizations to the “extreme right” opposition to “take us to civil war” and that “there is no doubt that he is from an intelligence agency.”

However, in the video the minister references, shot by Tracy, young people joke and mug for the camera, showing no proof of an overthrow plan, according to the Washington Post

Tracey previously produced a Discovery Channel program about terrorism and smuggling across the U.S.-Canada border as well as the History Channel series “Madhouse,” about North Carolina race-car drivers.

Read More... http://www.wehoville.com/2013/04/26/west-hollywood-filmmaker-arrested-by-venezuelan-government/

Friday, April 26, 2013

Tyler Perry Sued for stolen script called "Temptation"

A Small Time Screenwriter is suing, claiming Perry stole the universally panned script from him.

It's the classic Hollywood sob story ... a man from Gary, Ind., says Perry stole his idea for "Temptation: Confessions of a Marriage Counselor," which didn't wow critics, but did rake in $49 million.

In the suit, William James says the plot is similar to "Lovers Kill," which he wrote in 2009. The lawsuit is light on details ... it just says both films center on a married couple ... the wife is tempted by another man, and the affair ruins the marriage.

Apparently James hasn't seen "Unfaithful" ... "Legends of the Fall" ...  "The English Patient" -- need we go on?

But here's the best part: James doesn't even know for sure that Perry ever saw his screenplay -- in the suit, he claims he gave a copy to "an associate" of Oprah Winfrey, hoping it would make it to Perry.

Reps for Perry and Lionsgate ... the movie distributor, also named in the suit ... had no comment.

Read more: http://www.tmz.com/2013/04/25/tyler-perry-temptation-confessions-marriage-counselor-screenwriter-sues/#ixzz2RaUIkDk3

Warner Bros. Beat a 'Promise' to an Injured Paralyzed Chinese Gymnast Sang Lan

Sang Lan was paralyzed while preparing for the 1998 Goodwill Games. Fifteen years later, Time Warner is on the verge of defeating a lawsuit over the incident.

When a big media company puts on an international event and something goes wrong, it can be a tightrope managing the potential public relations fallout.

Sang Lan was a former world-class gymnast from China who was going to be competing in the 1998 Goodwill Games, a quadrennial competition conceived by media mogul Ted Turner and later sold to Time Warner.

As the gymnast was warming up for a vault event that year, she fell and fractured two vertebrae and her spinal cord, rendering her permanently paralyzed from the mid-chest down.

After the horrible accident, Goodwill Games President Michael Plant pledged that her medical needs would be taken care of by insurance. "I can't speak to the long-term, but it is our commitment to do what we can," he said. "Ted Turner and (then Time Warner CEO) Gerald Levin are both concerned."

Harvey Schiller, then president of Turner Sports, also made pledged to do "everything within our power to assure that her future is secure."

In a lawsuit brought in 2011, Sang alleged that didn't happen. But a magistrate judge is now recommending that Time Warner be given a soft landing.

Read Full Complaint...  http://www.scribd.com/doc/138009867/Sang

Sang said that the Chinese gymnastics team selected Kao-Sung Liu and his wife, Gina Hiu-Hung Liu to be her "guardians" to handle dealing with Time Warner. Sang says she was informed that if a negligence lawsuit was brought against the media company, "any hope of getting assistance from Time Warner would be extinguished."

Sang didn't bring a lawsuit back then. She says she could have. Among other claims, she said that experts of the sport agreed about "Time Warner's lack of organization or supervision," and the organizers allowed too many people to be in close proximity to the vault horse when athletes were performing dangerous routines. She also accused Time Warner reps of seizing tape of her injury from a man who was making a film and that they were "clearly concerned."

As the media focused on what happened immediately after the injury, and as Sang got enormous attention and hospital visitors including Celine Dion, Christopher Reeve, Leonardo DiCaprio, The Goodwill for Sang Lan Fund was set up. Time Warner contributed to it. According to Sang, "Whenever there was a question about Time Warner's responsibility, Time Warner carefully diverted the attention away from the potential liability it may have toward Sang Lan, by emphasizing the need to focus on medical issues."

The feud between Sang and the Lius continued for many years. By 2011, Sang was accusing her guardians of failing to return items donated by well-wishers and continuing to use her name and portrait in advertisements without her consent. In turn, the Lius purportedly made comments that she was lazy, couldn't urinate on her own, and planned to seek asylum in the United States.

A lawsuit brought by Sang against Time Warner for breach of contract, promissory estoppel and undertaking and reliance reached magistrate judge James Francis.

On April 19, Judge Francis issued a 66-page report that recommends that Time Warner's motion to dismiss be granted.

Regarding Sang's claim that that public comments by Time Warner executives represented an enforceable contract to secure her financial future, the judge says that the statements identified by Sang aren't specific enough. With no details about the form, frequency and amount of payment, it is deemed to be "too vague to spell out a meaningful promise."

Sang's lawyers also attempted to win on another legal theory: Time Warner had assumed a duty to provide her financial support and partially performed this duty over her care. She relied on the assumption of duty and was damaged by that reliance when she refrained from asserting her rights in a legal action against Time Warner.

Judge Francis spells out what's wrong with the theory. If Time Warner cut off support for her in 1999, as she alleges, "nothing Time Warner did prevented Ms. Sang from engaging in any course of action that was available to her prior to Time Warner's intervention. Indeed, at that point, she would even have been able to file a timely legal action against Time Warner for her injuries at the Games."

Read More... http://www.hollywoodreporter.com/thr-esq/how-time-warner-beat-a-446597

Lawsuit Filed Online-Only Soap Ads Won't Air

Producers behind the revived "All My Children" and "One Life to Live" hoped to buy ad time during broadcast soaps, but CBS and NBC refused to help tout the competition and ABC has since filed a lawsuit over one spot.

anceled TV soaps All My Children and One Life to Live are being revived online beginning April 29 by producer Prospect Park, but don't look for ads touting them on the major broadcast networks. Sources tells CBS, NBC and even ABC, which licensed the shows for a web revival, won't be running spots for the shows.

CBS, which has run ads for digital outlets Netflix and Hulu (which is distributing the revived soaps), declined comment. But a source tells THR the network views the digital re-launch as a direct competitor to its popular daytime dramas, including The Bold and the Beautiful.

NBC also declined to comment as did Prospect Park. However, a source says NBC refused to carry ads during its only remaining daytime soap, Days of Our Lives. The network was open to primetime spots, which Prospect Park declined to pursue. NBC did, however, sell ads on several of its cable networks.

A source close to the network said Prospect Park's buying agency made a preliminary request for information on budgets and availability, but never followed up. That source insists NBC never turned them down for ads because there was never any actual request, and no creative work related to possible ads was ever shown to them for approval by their standards and practices department (which would be necessary before they an ad could run).

If that sounds like as much of a soap opera as the shows themselves, it is just the beginning. The real drama  has been between Prospect Park and ABC.

ABC licensed AMC and OLTL to Prospect Park, run by Jeff Kwatinetz and Rich Frank, in a deal sources say is worth more than $8 million a year to the network, plus an annual royalty. The relationship hasn't gone smoothly, as Prospect revealed in a $25 million lawsuit filed April 18. The suit claims ABC breached its contract by failing to cooperate on the relaunch and by improperly using performers on General Hospital that were to be shared.

One of those actors is Roger Howarth, who played Todd Manning on the old OLTL. With Prospect's permission, he played the same character beginning in March 2012 on ABC's General Hospital but eventually was killed off. GH now plans to bring him back as another character, while he also is set to co-star in the revived OLTL.

Meanwhile, Horwath also shot scenes in Connecticut for the revival of OLTL as Manning. Those scenes will be parceled out throughout the first season.

ABC sources say the network was willing to accept ads within GH because of the licensing relationship, but on April 17 when Prospect submitted an ad for OLTL that included Howarth prominently. ABC refused it -- on the grounds that it would confuse the audience.

Prospect, after spending considerable time preparing the ad, balked at making changes shortly before it was to run. They did not want to take Howarth out of the ad and, already upset about its dealings with ABC, filed suit the next day.

Notes analyst Brad Adgate of Horizon Media: "The overriding reason to refuse is if they think it's a threat or something that's going to siphon off viewers from them, then they don’t think whatever they charge them would be worth it "

The CW Network did accept ads for the online soaps, which began running in such shows as Heart of Dixie and 90210 last week. Fox, according to a source, also was open to running the ads, but Prospect Park decided against running ads there because the network has only primetime programming and no history with soap operas.

Read More... http://www.hollywoodreporter.com/news/all-my-children-oltl-ads-444816

Thursday, April 25, 2013

End of Dispute Over "Iron Man 3" Ticket Terms between Disney & Theatre Owners

Last week, AMC and Regal Entertainment, the two other largest U.S. circuits,yanked advance sales for the tentpole because of the impasse. And earlier this week, Regal went so far as to pull all marketing materials for the threequel, including trailers.

Neither AMC nor Disney immediately comment. A deal with Regal is expected as well.

Studio insiders say it has been seven years since Disney revisited its terms, and that in that time, it has upped its profile by acquiring Pixar, Marvel and now LucasFilm.

There was plenty of incentive for all sides to resolve their differences. Based on tracking, Iron Man 3 (starring Robert Downey Jr.) could open between $135 million and $145 million in North America, ahead of the $128.1 million debut of Iron Man 2 three years ago. Gwyneth Paltrow and Don Cheadle also are returning cast members.

Directed by franchise newcomer Shane Black, Iron Man 3 is already rolling out overseas, where it opened to a stellar $13.2 million in a dozen markets on Wednesday. By Sunday, the tentpole will have opened in 80 percent of the international market and is expected to collect north of $110 million.


Paramount Lawsuit for Stolen "Paranormal Activity 4"

Filmmaker Michael Costanza claims the studio and two producers used concepts he submitted in 2010 for the hit 2012 horror movie,  claiming that the film used specific concepts from his work without permission and without credit or compensation.

Costanza, who directed and wrote the 2002 independent horror film The Colllingswood Story, argues in a suit filed Wednesday in Los Angeles Superior Court that in 2010 he submitted material from that film in a pitch meeting with the producers. The material included details of webcam chats by characters in their late teens.

Costanza says he was told at the time that producers Steven Schneider and Spencer Medof were not interested in his concepts or in making a film based on his Colllingswood script, which he had registered with the Writers Guild.

He now says that the story he wanted to tell is almost identical to what was later used in Paranormal Activity 4, which was released in  2012. That movie cost about $5 million to make and has grossed more than $138 million worldwide.

Costanza is suing for unspecified damages and an order forcing the defendants to destroy all materials based on his concepts.

Read More... http://www.hollywoodreporter.com/thr-esq/lawsuit-claims-paramount-stole-paranormal-445926

Billy Currington Charged with Threatened Bodily Harm to a Man Older than 65.

A Chatham County grand jury indicted Currington on Wednesday on charges of making terroristic threats and abuse of an elderly person. The indictment says only that Currington threatened "to cause bodily harm" to a man named Charles Harvey Ferrelle on April 15.

Ferrelle, 70, owns a charter boat and was doing a tour when Currington allegedly began screaming at him and two passengers, according to a Savannah-Chatham Metropolitan police report. Ferrelle told investigators Currington later got into his own boat with a camera, followed him to a dock and threatened him.

"If I hadn't gotten into my slip fast enough, I believe he would have run me over," Ferrelle told police, according to the incident report.

Ferrelle called police again the next day saying he was in fear of his life because he had another tour scheduled and would have to pass by Currington's property again after being threatened. A woman also called police saying she was the caretaker of an elderly man who was nearly run over by a boater at his dock and she wanted to file an incident report. Authorities determined the woman was talking about the incident involving Currington.

Daniel Baxter, a spokesman for District Attorney Meg Heap, says a warrant was being issued for Currington's arrest.

The singer took to his Twitter account Wednesday thanking fans for their support but sent a message saying he couldn't comment on the matters since it is an ongoing investigation. On April 17, the singer sent a message to his over 200,900 followers saying "Harrassing (sic) artists often at their home by boat should be illegal. thas all i know."

Neither Ferrelle nor a representative for Currington immediately responded to messages seeking comment. It was not known if Currington had hired an attorney.
Read More... http://news.yahoo.com/singer-billy-currington-charged-making-threat-220503992.html