this post was submitted on 12 Dec 2023
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This iconic mouse is weeks away fromn being in the public domain Jan. 1, 2024, is the day when 'Steamboat Willie' enters the public domain

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[–] S410@kbin.social 64 points 11 months ago (86 children)

Even with the character in Public Domain, I doubt Disney would be particularly happy with anyone using it.

They can send cease and desist letter left and right, claiming that "the use of the mouse is fine, but the elements X, Y and Z were introduced in a later work of ours that's still protected", even if it's a plain lie.

Trying to take Disney to court is suicide.

The have enough money to hire half the lawyers in the world and make them come up with a lawsuit even if there's no basis for one. They can stretch the lawsuit process to last years, and yet the fees would be but a fraction of a fraction of a percent in their yearly spending. Almost any defendant, meanwhile, would be financially ruined by it, even if they end up winning.

[–] lud@lemm.ee 16 points 11 months ago

claiming that "the use of the mouse is fine, but the elements X, Y and Z were introduced in a later work of ours that's still protected", even if it's a plain lie.

Isn't that exactly what the law says? A popular example with that problem is Sherlock.

[–] chitak166@lemmy.world 4 points 11 months ago* (last edited 11 months ago) (1 children)

I'm not sure how court works, but can't you just take the cheapest defense possible? Even if it's just you showing up in court alone and pretending to be a lawyer.

Is the system really set up so that if you can't afford legal fees then you lose by default?

[–] S410@kbin.social 13 points 11 months ago

Trying to represent oneself in court is a pretty stupid thing to do, generally.

I am not a lawyer, I'm pretty you need to be able to defend yourself withing the legal system following all of its rules. You need to know the laws, their quirks, loopholes, etc. to construct your defense properly. Even if the case is complete nonsense, but you lack the knowledge to defend yourself, or the ability to use the knowledge you have coherently, you'll loose.

A neat paper a filed in accordance with all the rules, a paper that quotes actual laws and precedents, will, generally, beats oral argument backed by common sense. And that's in general! Let alone when you're going against Disney and their nigh infinite army of lawyers.

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