Comments on: Don Henley’s Lawsuit Against Chuck DeVore Threatens First Amendment

By: My Homepage

My Homepage — Fri, 06 Jan 2012 23:44:53 +0000

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By: Joy

Joy — Sat, 17 Apr 2010 12:03:06 +0000

I a posting on such an ancient site, it will probably never see the light of day, but just had to add a couple of comments: Namely, (1) the 60s & 70s radicals/libs/druggies/hippies – whatever – actually did hang around long enough to screw up our society: Many of them entered the world of academe and have made such a dreadful, negative and anti-intellectual contribution to our totally failed public education system that they should, indeed, be proud of their "revolution" and what it eventually accomplished: A watered-down American Dream!

Meantime, calling rockers like Henley "artists" is a real stretch of the word "artist." Perhaps I mean to say, "GREAT artist." Personally, I'm sticking with the music of dead, white men – music that will NEVER die! – and music that defines GREATNESS and true ARTISTRY – cool cats like Bach, Beethoven & Brahms; and in the world of opera, Rossini, Verdi & Puccini (OK, need to add Wagner, too…).

By: BillWhit

BillWhit — Sat, 17 Apr 2010 11:55:00 +0000

I always loved his music, also the Eagles, but damn, I didn't know he was a Liberal Puke! Good thing I already bought some of his stuff years ago, because I will never buy anything again! And he supports that slut, Boxer? How Lowlife can a person get?

By: Eyewitness Report – Oceanside Tax Day Tea Party « A Time For Choosing

Eyewitness Report – Oceanside Tax Day Tea Party « A Time For Choosing — Fri, 16 Apr 2010 14:35:23 +0000

[...] also discussed his ongoing court battles with the likes of Don Henley and the ever present battle we have here in California to get our message out there, while the [...]

By: chuckdevore

chuckdevore — Wed, 06 May 2009 21:10:25 +0000

Actually, math guy, the case with the greatest relevance is likely Nader v. MasterCard. In any event, we were engaging in political parody. Dr. Seuss Enterprises L.P. v. Penguin Book USA Inc. was a case involving the profit motive and it was pure satire. Our work is parodic as Henley has himself stated his song had a political message and in the parody version I wrote was critical of Henley himself as well as Obama (it sounds to me as if you have not read my lyrics).

As for my attorney somehow engaging in unethical behavior, you clearly don't know what you are speaking about. This is a civil case, not a criminal one. Further, Henley's side issued a detailed press release citing his attorneys' statements on filing the case — so, how do you explain that away?

Lastly, for your edification, here is the four-part test established by the courts regarding copyright law and parody.

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.

By: In a huff

In a huff — Wed, 06 May 2009 18:19:37 +0000

It is amazing to me that someone who could write "Get Over It" could be such a flaming liberal nut. Disconnect…

By: math guy

math guy — Wed, 06 May 2009 15:39:08 +0000

Actually, Devore's work is not protected as parody. Read the Dr. Seuss Enterprises L.P. v. Penguin Book USA Inc. case that I cited. Devore is infringing on Henley's copyright, which is a fancy way of saying that Devore is a thief. But that is par for a politician, to steal someone's property in the name of free speech.

The Supreme Court's Acuff Rose case is discussed in the Dr. Seuss case. There is an important distinction between parody and satire that is probably lost on the rabble that will condemn an artist for protecting his work. If Devore stole your guns you would be crying a different tune.

And also, this post is troubling because it may be unethical for a lawyer to publish in this manner about a case pending before a court. Then again, as we see from the interrogation memos, obeying the law is not exactly a Republican virtue.