Marine sues Michael Moore for $85 million

[meegbear]

A Marlborough MA man, who lost both his arms in Iraq is suing Michael Moore for 85 million dollars, stating the video footage of him in the movie Fahrenheit 9/11 was used as a propaganda tool.

This is a video story only, hopefully the link will work
http://cbs4boston.com/video/?cid=47

[primative1]

1. Ya know ...

He might have a point. How did Mr Moore come to feel he could use that footage in that context? Have to see how he responds.

[murielm99]

2. It was NBC footage and he got permission

from them.

I don't think this guy will get far with his lawsuit.

[primative1]

3. He did have permision?

Well, by all means then, he should sue General Elctric. Now that I would like to see :)

[tsuki]

5. NBC owned the video, (I assume that they obtained a release

from the people in it, maybe not,) but MM licensed the rights to use the video from NBC, so it may turn into a suit against NBC.

Frivolous Lawsuit!!:sarcasm:

[primative1]

9. Either way the issue is with GE ...

Not with Mr Moore. Case will be tossed.

[endarkenment]

11. The case is a pr stunt.

But he has no case. He signed a release with NBC - NBC owned the video not this guy. Mr. Moore obtained rights to use the video from NBC. There is no case.

[1932]

22. The guy complains the context was misrepresented, so case not

against GE.

However, it's next to impossible to win a false light claim that is based on your own statements, I'm guessing.

Moore would really have had to chop the piece up into individual syllables and almost seemlessly rearranged them to say, "I...Ha..ve..sy..ph..i..lis" for their to be a claim.

[rocktivity]

38. Damon will have to PROVE that Moore INTENTIONALLY misrepresented him

And that Moore somehow FOUND OUT that Damon was a "a staunch supporter of the war effort and President Bush." But if Moore read this before he finished Farenheit 9/11, his confusion about what Damon supports would be entirely understandable!

WASHINGTON (CNN)-- U.S. Sen. Edward Kennedy, an elder statesman among liberal Democrats, slammed President Bush and his administration for going to war in Iraq based on political considerations...

...He was flanked by Brian and Alma Hart, whose son John was killed in Iraq, and Army Sgt. Peter Damon, who lost both arms serving in Iraq...

Your fifteen minutes are up, Sargeant. Time to retreat.

:headbang:
rocknation

[1932]

42. Actually, he would have a claim even if Moore was only negligent,

I suspcet. But he won't have a claim at all if he wasn't misrepresented. And that seems to be the case.

[rpannier]

4. IMO the reporter and the anchor put an anti-Moore spin on the story

I think the guy will lose his case.

[tsuki]

6. You don't mean to say that the libr'ul press used a RW swing?

Ohhhhh, say it ain't so.

[meegbear]

7. Especially the reporter ...

John Keller's supported the Iraq invasion; he's one of those Iraq was involved in 9/11 donchaknow. Anyone who is against the Iraq invasion is fodder for him.

[jarnocan]

8. Moore helped this guy get his house.

Sad to say;he guy is from Middleboro- my home town. Michael MOORE is a major supporter and promotor of the org that built this guy his specially equipped home. http://www.fahrenheit911.com/soldiers/

I honestly think having you arms, legs, brain and/or face ETC. blown off in a war for HUGE profits for a few- (and ruining our economy) is a pretty severe strain on MANY of our 75,000 +++ injured vets, not to mention the emotional damage- and depleted uranium problems that will become more evident, and their families. Maybe they should all sue the Bush regime- each for 75 million or so.
Why doesn't this matter more to some people?
Moore made an important film, and did not cause this man's real harm?
I do not think this 1 guy's bit in the film made THAT much of a difference financially to Michael- they had lot's of footage and wonderful interviews, that that did not make it into the film of course.
IMHO this guy is being put up to this by some right wing group, or greed (sure he'll donate all the money-BU**SH**),

[meegbear]

15. Thanks for the town correction ...

saw the story at the gym this morning with no sound - thought the graphic said Marlborough.

[rinsd]

28. Major supporter and promoter?

Putting a link on one's website does not mean one is a major supporter and promoter.

Obviously MM supports those efforts but let's not go crazy.

"IMHO this guy is being put up to this by some right wing group, or greed "

I would tend to agree though when I started to research this his name has been circulating since the film came out so its not as "out of the blue" as I originally thought.


On edit: I found something referencing someone with the same name and description of injuries at a Ted Kenendy rally denouncing the war.

http://www.cnn.com/2004/ALLPOLITICS/01/14/kennedy.iraq/

<snip>

The senator from Massachusetts spoke to the Center for American Progress, a liberal advocacy group, at the Mayflower Hotel in Washington.

He was flanked by Brian and Alma Hart, whose son John was killed in Iraq, and Army Sgt. Peter Damon, who lost both arms serving in Iraq.

<snip>

[jarnocan]

36. Wow!

that is pretty interesting! So, I think that makes it sound more like pressure for $$$$$$$, or coercion of some kind, which could include $ from those that put him up to it? Maybe.

[newscott]

43. Shout out from Middleboro here.

I feel for the guy, but don't think his case has any base to stand on.

[azurnoir]

10. Looks like the wing-nuts

gots them a new poster child.While it's tragic that this guy lost his hands in Iraq. Could be he's put a whle new meaning to "war profits".

[Evergreen Emerald]

12. What is wrong with Americans? The twisted thinking is stunning

Why isn't he suing Bush for using him and his fellow soldiers for his own personal agenda? He is shooting the messenger.

[MemphisTiger]

13. I find it ironic that the wingnuts are calling this guy a victim because

he was confused as to how his words could be used but if a senior citizen wants to vote on a rigged election punch card ballot they are too stupid to live and shouldn't vote.

Also, I remember Moore saying one time that his releases are iron clad and dared anyone to sue him for footage. Bring em' on I guess.

[Julius Civitatus]

33. If Michael Moore has a signed release, this suit will go nowhere

That's the law. If Damon agreed to be in the movie, and gave his consent by a release, then the suit will go nowhere. That's what the law specifies for the use of someone's image on documentaries.

[Clark2008]

45. Actually, the guy signed a waiver with NBC for the footage

and NBC sold the licensing to Moore.

Same difference in the eyes of the law, however. I am just clarifying what you said.

[Vickers]

14. You can cut the irony on this one with a knife.

Does he not see that he is NOW being used as a propaganda tool?

Does he not see that he WAS being used as a propaganda tool by the Bushies?

Holy shit, what an idiot.

[baldguy]

16. Sometimes, if you waive enough money under a person's nose

They won't see anything.

[sethBernbaum]

20. LOL I know

He probably caused the explosion.

[DeaconBlues]

39. Ann Coulter, is that you?

Sorry, we aren't talking about Max Clelland.

[Catchawave]

17. Boston Globe link to story here:

http://www.boston.com/news/local/massachusetts/articles/2006/06/01/veteran_files_suit_over_role_in_film/

[meegbear]

24. Thank you for the link ...

did a quick search on boston.com and didn't see it.

[Catchawave]

35. Google is my friend !

I can't wait for MM to respond to all this....I'm holding vigil at his website :D

[global1]

18. This Must Mean That Moore Is Close To Releasing F911 1/2......

which will prove to be more damaging to *Co than F911. So Rove probably decided to find something in F911 that would give him a launching place for a campaign to discredit Moore before the release. Hence - go over F911 with a fine toothcomb. Find a person in the movie that could become a willing accomplice - and go after Moore. This will give the Drudge's, Rush's, Hannity's and all the other * apologists of the world some fodder to work with when F911 1/2 comes out. They'll be able to point to this lawsuit and say that Moore takes things out of context and therefore all of his movie will be discredited. The best defense is a good offense - and Rove knows this more than anybody. It would be interesting to find out more about this Marine that is suing Moore. Besides being handicapped by the war - I wonder if there is anything in his background that would lend himself to become complicit with *Co on this. Perhaps some incident during his service that he could be blackmailed for by Rove. Perhaps just appealing to his Marine esprit de corps that * is his 'commander and chief'.

Does this sound plausible.

[Totally Committed]

19. If Moore got a signed release...

does this soldier have a case? I mean, "propaganda" is pretty much in the eye of the beholder, isn't it?

I dunno... a multi-millionaire moviemaker up against a double amputee Purple Heart Veteran in front of a jury could make it all moot anyway. Who's gonna send the guy packing? My guess is he'll get some $$$ from Moore whether this goes to trial or not, and whether or not a release was signed.

TC

[sethBernbaum]

21. Wasn't Ray Bradbury going to sue him too?

For using the title of his book.

Whatever he sucks anyway.

Sound of Thunder was a Jurassic Park Ripoff.

[Bridget Burke]

23. Jurassic Park was written after Sound of Thunder....

Enjoy your stay at DU.

[sethBernbaum]

26. You Sure?

The book I read it in was published in 1997. It is called the Golden Apples of the Sun.

http://www.amazon.com/gp/product/0380730391/sr=8-1/qid=1149184894/ref=pd_bbs_1/104-3504592-7767145?%5Fencoding=UTF8

Go to product details.

Publisher: Harper Perennial (November 1, 1997)

[Bridget Burke]

29. The original "Golden Apples of the Sun" was published in 1953.

It included Sound of Thunder. www.spaceagecity.com/bradbury/goldenapples.htm

I'm not sure when the story was written. Bradbury was prolific & I read lots of his stuff. His politics took a wrong turn in old age, but I remain a fan of his work.

[LittleClarkie]

25. Hrm. And what was illegal about that?

Did Mr. Moore distort or lie? Libel? Or is this man merely disagreeing with Mr. Moore's politics.

Seems on it's face to be frivolous.

[rocktivity]

32. I remember an episode of Judge Judy

where she told the plaintiff that she could not sue the defendant unless she also brought suit against an additional party.

The Boston Globe story says that Damon is suing some production companies as well as Moore. But it seems to me that to give the case any kind of merit, he HAS to sue NBC because they're the ones who gave Moore the clip. Once Damon finds a way to explain why he gave away his rights to the video (too many painkillers, perhaps?), he'll have to prove that either Moore or NBC "knew or should have known" that Damon was "a staunch supporter of Bush and the war." Wouldn't it be something if the judge said that Damon couldn't sue Moore without suing NBC? I daresay that defense contractor/parent company GE would get quite a kick out of that!

:headbang:
rocknation

[Maine-ah]

46. NBC is included in the suit.

http://www.nypost.com/news/nationalnews/69383.htm

[Serial Mom]

27. Maybe he needs money to survive in the future

since dubya & friends keep cutting veterans benefits.

Maybe he should sue the WH & Congress?

[rocktivity]

30. Under the influence of MORE than just pain killers?

From the Boston Globe story:

Relatives wanted to know why...Damon, a staunch supporter of the war effort and President Bush, agreed to be in a movie that was harshly critical of both...Friends wanted to know why Damon, who lost both his arms in a helicopter repair accident, was portrayed as a veteran who had been left behind when, in fact, military medical personnel had helped him learn to use his artificial arms and veterans groups had helped build his family a new house...the lawyer said.

...In the clip, Damon, who was...at the Walter Reed Army Medical Center...described the intense pain in his arms..."(Pain-killers)...do a lot to help it...they take a lot of the edge off off..."

So it's taken him nearly two years to figure out that he's been defamed? Either those pain killers worked TOO well, or has has his family, friends, and lawyer are trying to cash in for him!

:headbang:
rocknation

[AtomicKitten]

31. I'm sure proper releases were signed.

Too bad Joe Marine doesn't have the good sense to sue the real source of his discomfort - Generalissimo W. Bunnypants.

[zulchzulu]

34. Wow...a Marlborough Man....wtf...

My guess is that there were release papers signed...it's pretty much what you have to do for a documentary...

What took the guy solong to sue?

[joeprogressive]

37. I am sure the anti-frivolous lawsuit republicans

will be all over this guy.


Sarcasm off

[Generic Brad]

40. That guy suing Michael Moore is really up in arms

I apologize if I offended anyone, but I just couldn't help myself.

[AusGail]

41. It makes no difference who he sues

it wont grow his arms back. Maybe he should start his law suit at the top. He should try suing the people who sent him to Iraq under false pretenses. One would think this ex marine should be in the front lines supporting the likes of Michael Moore and the Democrats to rid your country of vermin such as your president and his neocon buddies.

[OneTwentyoNine]

44. Seems he didn't mind UNTIL he lost both arms.......

Hey all you flaming RW freepers,remember YOUR stance when it comes to these types of action.

1. Voluteered for duty just like all the other 2500 dead so tough luck.
2. Are totally against frivilous lawsuits and those GD Liberal trial lawyers.