The Cabin Boy™ says he’s been talking to an intellectual property lawyer.I seriously doubt that he spoke with a lawyer, but if he did, that lawyer clearly didn’t do due diligence on the status of the Cabin Boy’s™ alleged copyrights. I won’t go through the questionable nature of his claim to holding any rights to the images he’s threatening to sue over. That’s been covered elsewhere.
Instead, I’ll merely point out that the copyright act only allows for statutory damages of $150,000 in certain circumstances and only in the case of registered copyrights. Here’s a list of every copyright registration issued since 1978 to anyone with the surname Schmalfeldt—
None of the pictures that the Cabin Boy™ is frothing at the mouth about are listed as registered. If he can prove that he does own the rights to the pictures and if he can show that the use is infringing, then he recover his actual damages only. IANAL, but I’m given to understand that means reimbursement for lost sales and the like.
Stupid is as stupid does.
UPDATE—I’ve received a telephone call from a lawyer who is representing Sarah Palmer and Eric Johnson in the LOLsuit VI: The Undiscovered Krendler. He pointed out that the Cabin Boy™ makes reference to a portion of a copyright statute, 17 U.S.C. § 505, in his amended complaint. The lawyer tells me that § 505 provides for the award of attorney’s fees to the prevailing party in a lawsuit. It’s one of the few instances in U. S. law where a losing plaintiff pays.
Of course, 17 U.S.C. § 505 doesn’t actually apply to anything in LOLsuit VI, but it would apply to a copyright suit if the Cabin Boy™ were foolish enough to file one.