Hoop-Dee-Doo Hooplah

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Brian845
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Re: Hoop-Dee-Doo Hooplah

Post by Brian845 » Mar Mon 28, 2011 11:17 am

I hope they get this resolved by August, or at least don't halt any performances, since we've already got reservations for the show (paid for with Disney Dream Reward Dollars).

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Re: Hoop-Dee-Doo Hooplah

Post by Amy » Mar Mon 28, 2011 11:41 am

Brian845 wrote:I hope they get this resolved by August, or at least don't halt any performances, since we've already got reservations for the show (paid for with Disney Dream Reward Dollars).
I would imagine that 4 months would be enough time to resolve this dispute. I hope so for your sake at least!!

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Re: Hoop-Dee-Doo Hooplah

Post by mindflipper » Mar Mon 28, 2011 11:50 am

Amy wrote:
Brian845 wrote:I hope they get this resolved by August, or at least don't halt any performances, since we've already got reservations for the show (paid for with Disney Dream Reward Dollars).
I would imagine that 4 months would be enough time to resolve this dispute. I hope so for your sake at least!!
Where there are lawyers involved, disputes and court cases can last years.... :( :? :shock:

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Re: Hoop-Dee-Doo Hooplah

Post by Mr.ToadWildRider » Mar Mon 28, 2011 12:25 pm

Amy wrote:
Brian845 wrote:I hope they get this resolved by August, or at least don't halt any performances, since we've already got reservations for the show (paid for with Disney Dream Reward Dollars).
I would imagine that 4 months would be enough time to resolve this dispute. I hope so for your sake at least!!
I would actually contend that there's little chance that this will be resolved within 4 months time. Most court actions take several months to years to be resolved. If the suit was just filed and Disney does not settle it will probably be significantly more than 4 months before it ever makes it to a civil proceeding with pre-trial conferences, motions, discovery, etc. Now, it could always be the case that Disney files a motion to dismiss and that it could be granted effectively ending the case, but I wouldn't hold my breath on that happening- even if it did the complainant could file an appeal. If Disney were to lose the initial proceeding I'd almost gaurantee an appeal.

The only way that this will get done within 4 months is if Disney settles out of court I imagine or they take it to a binding arbitration.

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Re: Hoop-Dee-Doo Hooplah

Post by Wizzard419 » Mar Mon 28, 2011 12:34 pm

I'm trying to recall at what stage that people file to halt the use of the disputed materials? It's a little easier (I would hope) to just pull a song and mess up the pacing. Unlike with the PS3 where in the US all sales were halted and in Europe (Norway if I recall) they actually took them out of people's homes.

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Re: Hoop-Dee-Doo Hooplah

Post by momeja » Mar Mon 28, 2011 11:31 pm

Wizzard419 wrote:I'm trying to recall at what stage that people file to halt the use of the disputed materials? It's a little easier (I would hope) to just pull a song and mess up the pacing. Unlike with the PS3 where in the US all sales were halted and in Europe (Norway if I recall) they actually took them out of people's homes.
You can file for an immediate injunction, but there's a test that must be met in order for the judge to issue it, one branch of which is immediacy or urgency. 35 years and over 38,000 performances will weight against the urgency argument...

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Re: Hoop-Dee-Doo Hooplah

Post by Amy » Mar Tue 29, 2011 5:38 am

momeja wrote:
Wizzard419 wrote:I'm trying to recall at what stage that people file to halt the use of the disputed materials? It's a little easier (I would hope) to just pull a song and mess up the pacing. Unlike with the PS3 where in the US all sales were halted and in Europe (Norway if I recall) they actually took them out of people's homes.
You can file for an immediate injunction, but there's a test that must be met in order for the judge to issue it, one branch of which is immediacy or urgency. 35 years and over 38,000 performances will weight against the urgency argument...
The guy might be smarter trying to go for past and future royalties ~ he could make a mint!

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Re: Hoop-Dee-Doo Hooplah

Post by mindflipper » Mar Tue 29, 2011 8:58 am

Amy wrote:
momeja wrote:
Wizzard419 wrote:I'm trying to recall at what stage that people file to halt the use of the disputed materials? It's a little easier (I would hope) to just pull a song and mess up the pacing. Unlike with the PS3 where in the US all sales were halted and in Europe (Norway if I recall) they actually took them out of people's homes.
You can file for an immediate injunction, but there's a test that must be met in order for the judge to issue it, one branch of which is immediacy or urgency. 35 years and over 38,000 performances will weight against the urgency argument...
The guy might be smarter trying to go for past and future royalties ~ he could make a mint!
The publisher can't go for past royalties as they did not have ownership/possession at that time, the composer did. And as the composer did not do anything about with Disney, and even expressed his appreciation of its use, it can be construed he had given them implied consent of its use.

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Re: Hoop-Dee-Doo Hooplah

Post by Wizzard419 » Mar Tue 29, 2011 1:36 pm

I would imagine they could claim that Disney would flagrantly continue to violate their rights and could (if they got the right judge) probably get the block.

Royalties are not always as much as you think depending on what level of ownership a person has, look at Bob Sagat and what he gets from full house.

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Re: Hoop-Dee-Doo Hooplah

Post by momeja » Mar Tue 29, 2011 8:21 pm

Wizzard419 wrote:I would imagine they could claim that Disney would flagrantly continue to violate their rights and could (if they got the right judge) probably get the block.
Highly unlikely.

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Re: Hoop-Dee-Doo Hooplah

Post by mindflipper » Mar Tue 29, 2011 8:36 pm

I was thinking that maybe the publisher is trying to manuever Disney into an arbitration to come to a settlement by bringing the lawsuit. To go to court would be very expensive for this one particular song.

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Re: Hoop-Dee-Doo Hooplah

Post by momeja » Mar Tue 29, 2011 8:37 pm

mindflipper wrote:I was thinking that maybe the publisher is trying to manuever Disney into an arbitration to come to a settlement by bringing the lawsuit. To go to court would be very expensive for this one particular song.
I agree. The deep pockets of Disney are calling him loudly.

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Re: Hoop-Dee-Doo Hooplah

Post by Wizzard419 » Mar Tue 29, 2011 9:02 pm

momeja wrote:
Wizzard419 wrote:I would imagine they could claim that Disney would flagrantly continue to violate their rights and could (if they got the right judge) probably get the block.
Highly unlikely.
I still wouldn't put it past them, if a small time hardware maker (if I recall) can get the courts to go and take PS3s from people's houses then nothing is off limits.

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Re: Hoop-Dee-Doo Hooplah

Post by mindflipper » Mar Tue 29, 2011 9:08 pm

Wizzard419 wrote:
momeja wrote:
Wizzard419 wrote:I would imagine they could claim that Disney would flagrantly continue to violate their rights and could (if they got the right judge) probably get the block.
Highly unlikely.
I still wouldn't put it past them, if a small time hardware maker (if I recall) can get the courts to go and take PS3s from people's houses then nothing is off limits.
But they're different cases, like the difference between a nutcase and a normal litigant... :wink:

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Re: Hoop-Dee-Doo Hooplah

Post by Wizzard419 » Mar Tue 29, 2011 9:25 pm

I wouldn't call him a nutcase (since we don't know all the info) but even the most crazy bastard can still get stuff passed with the right wording and judge. :D

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