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View Full Version : Philip K Dick's Family To Sue Google


gothicangel
01-08-2010, 05:27 PM
http://www.dailymail.co.uk/news/worldnews/article-1241556/Family-science-fiction-author-Philip-K-Dick-sue-Google-Nexus-One-phone.html

Thoughts?

Cyia
01-08-2010, 05:32 PM
First thought?

$$$$$$$$$

All that really matters:

The Nexus One character is not trademarked by the Dick family.

Maxinquaye
01-08-2010, 05:41 PM
If you can copyright a proper name, I'm going to copyright the word 'was'.

gothicangel
01-08-2010, 05:47 PM
If it gets anywhere near a court, I pity the Judge!

Why do agents and publishers allow clients to pursue idiotic litigation?

Clair Dickson
01-08-2010, 06:47 PM
Did she sue the Star Trek franchise? I mean, Star Trek: Generations ALSO used the word Nexus. As in that one race of people were trying to return to the Nexus.

What a crock.

Jamesaritchie
01-08-2010, 06:58 PM
It's not using the word that matters, it's how you use the word, and for what.

Clair Dickson
01-08-2010, 07:01 PM
Was Nexus a phone in the story? (Haven't read it.)

CaoPaux
01-08-2010, 07:20 PM
If you can copyright a proper name, I'm going to copyright the word 'was'.Just to be clear, we're talking trademark, not copyright, which is a whole different kettle of fish. E.g., Harlan EllisonTM.

ChristineR
01-09-2010, 01:43 AM
"Nexus" is the name of a line of human-like androids. The "Nexus-six" are the ones that are trying to become human and give the protagonist trouble. Offhand, I don't recall whether the Nexus One line was particularly interesting or not. They weren't phones, though, I'm sure of that.

Clair Dickson
01-09-2010, 03:19 AM
Seems like a stretch to say a phone is copying off a set of android characters-- at least to me.

Christine N.
01-09-2010, 04:40 AM
No, but they are android-like technology or something, so the implication is that the phone is related to the droid in the movie.

Meh. It's not just the word (I mean, a Nexus is also where ley lines intersect, right? Like stonehenge) it's the technology they are using the name for.

A good lawyer might be able to make a case for it, though it seems silly.

Kaiser-Kun
01-09-2010, 05:16 AM
Someone's being a dick here.

*rimshot*

AlterEgox5
01-09-2010, 05:27 AM
Ah man...that's really reaching.

....Best part of that article was the Bladerunner screenshots. ;)

Matera the Mad
01-09-2010, 05:56 AM
What are they going to do about all the other uses of the word nexus for businesses, publications, websites, et bleeming cetera?

megan_d
01-09-2010, 06:08 AM
This reminds me of all the lawsuits that popped up when J.K.Rowling got famous from people also named Harry Potter and stuff.

blacbird
01-09-2010, 09:11 AM
What are they going to do about all the other uses of the word nexus for businesses, publications, websites, et bleeming cetera?

Meaningless. As JAR pointed out, it's a trademark issue, nothing to do with copyright. Trademarks protect the specific use of a name or phrase (and possibly certain graphic representations of that name) connected with a specific product or service. And, unlike copyrights, which are automatic with the tangible creation of specific verbal text, trademarks must be registered on a formal basis. A good example would be the former World Wrestling Federation, or WWF, which was forced to change its name to World Wrestling Entertainment (WWE), on the basis of a trademark challenge from the World Wildlife Fund, which had trademark protection on the WWF designation.

Unless the PKD heirs have formal trademark protection on their Nexus phone idea, I can't imagine this litigation getting any traction. And Google, with all its billions of dollars, is not very likely to settle something this frivolous out-of-court. They'll squash this action the way you'd swat a mosquito.

caw

ChristineR
01-09-2010, 06:41 PM
This reminds me of the woman who sued Rowling because she had written a horrible vanity press book which used the term "muggle" before Rowling did. (Neither were the first to use it--it's a variant of "muddle.") Her real goal was probably to increase sales of her book. Judges hate it when you use their courts as advertising, and she got hit with a fine. You'd think Dick's family could get better advice though, so maybe they think they have a case.

Libbie
01-09-2010, 06:46 PM
Someone's being a dick here.

*rimshot*

Oh! I saw what you did there.

Yeah, this is pretty goddamn silly, if you ask me.

Shadow_Ferret
01-09-2010, 10:31 PM
Any lawsuit against Google is a good thing.

Kaiser-Kun
01-09-2010, 10:53 PM
Any lawsuit against Google is a good thing.

I can totally imagine Google as the real life Buy N' Large in a near future.

CoriSCapnSkip
01-10-2010, 02:03 PM
Wow, the original word is 17th Century? Coulda fooled me. Has a modern ring.

defcon6000
01-10-2010, 04:24 PM
I thought names/titles couldn't be copyrighted. :Huh:

Once again, talentless family members trying to squeeze out a buck in their better known relative's name.

Ah man...that's really reaching.

....Best part of that article was the Bladerunner screenshots. ;)
Second that. :D

M.R.J. Le Blanc
01-17-2010, 02:20 AM
Someone tell her that just because it's so in her mind, it doesn't make it true. She must be really bored.

katiemac
01-17-2010, 04:30 AM
I thought names/titles couldn't be copyrighted. :Huh:



This is a trademark situation, not copyright.

When HarperCollins released a new edition of Wuthering Heights with a Twilight-styled cover, they put "Bella and Edward's favorite book" stickers on the cover. They couldn't put "Bella Swan and Edward Cullen's favorite book" because Summit Entertainment owns the trademarks on those characters.

But Nexus One wasn't the actual name in the novel, yes? So they're arguing over Nexus, which isn't going to fly.

BenPanced
01-17-2010, 05:18 AM
Those who can, do. Those who can't, sue.

AnneMarble
01-17-2010, 07:17 AM
When I saw the word Nexus, I first thought of the Dark Horse comic book from the 1980s. :tongue And I don't see Mike Baron and Steve Rude suing Google over this phone.

Terie
01-17-2010, 08:10 AM
This is a trademark situation, not copyright.

When HarperCollins released a new edition of Wuthering Heights with a Twilight-styled cover, they put "Bella and Edward's favorite book" stickers on the cover. They couldn't put "Bella Swan and Edward Cullen's favorite book" because Summit Entertainment owns the trademarks on those characters.

But Nexus One wasn't the actual name in the novel, yes? So they're arguing over Nexus, which isn't going to fly.

All true. And since, according to the article I read, 'Nexus' wasn't trademarked by Philip K Dick, the family doesn't have much of a legal leg to stand on.

blacbird
01-17-2010, 08:53 AM
Not to mention that Henry Miller published a salacious novel titled Nexus long before Dick every co-opted the term. I can't see she can claim copyright, for the obvious reason that individual words or titles can't be protected by copyright. And if she doesn't hold an active trademark on the term, as it is used in the novel, which I'd bet my house and second-best cat she doesn't, I can't see that claim, either. This is a stab in the dark with the hope that some kind of remunerative out-of-court agreement can be reached. Which also seems like a big stretch. As much as gigantic and bullying outfits like Google irritate me, for all kinds of good reasons, this windmill-tilt is a big yawner.

caw

RG570
01-17-2010, 09:05 AM
It's good to have a hobby though. Imagine how awesome your life must be to be able to take up that particular one.

Screw the phone though. And google. Even though I use it every day.