The Problem with PD...

We've discussed before how the law can sometimes NOT rule in the way it should. Can you believe that Sherlock Holmes has just NOW been legally declared public domain? And there's still some question about Zorro, despite the fact that "The Curse of Capistrano," the story that introduced the character, is CLEARLY PD? Check out these links:

Holmes Story
Zorro Story

Human greed is a wonderful thing {sarcasm intended}.

I bet the Doyle estate paid out a lot more in legal fees than they ever would have expected to make in licensing fees.

I love that they're still trying to push the whole "every time a story was published, it effectively made the characters into new characters" angle.

Amen, Whizz. What's really frustrating is characters/concepts created by INCREDIBLY creative people are being kept from other creative people due to the whims of some bean counters who had nothing to do with the characters or their creation!

A lot of these disputes really boil down to trademark claims (Zorro wasn't described quite the same way in the original book as he is portrayed in the movies) or simply legal bullying, hoping no one calls their bluff (especially in the case of the Conan Doyle estate, since Sherlock Holmes books, TV shows, etc... have been being pumped out for years). The sad part is that these rent-seekers can get away with starting frivolous lawsuits, banking on their ability to outspend their targets. With how long these court cases take and how expensive and difficult it is to make all the legal filings (even if you don't hire a lawyer), they don't have to actually win, they just have to make you go broke.

Like this:

http://www.bbc.co.uk/news/technology-21380003

Yes, exactly! How ridiculous for GW to claim ownership of a term that long predates their existence as a company.

Yes, it sounds too stupid to be true, but remember when Donald Trump wanted to trademark the phrase, "You're fired?" With enough money and ego, any lawsuit is possible....