Access is everything with copyright law. Having a clear path of access means that less emphasis is even placed on matching details and summaries.
What is a copyright case supposed to even look like?
You can even see above that District 9 court in LA itself quotes the “inverse ratio rule” which states that the more the access, the less the proof of match ups are needed, in so far as to say, that if the access is direct and compelling, than it will be assumed they stole from the work, since it is in essence right in front of them.
Access is key. To have over 200 similarities and match ups is just icing on the cake.
Plus to have discovered that in the first time in history, the parties that stole the work and became famous off of it inserted your name, father’s name, birthday and high school into the film for the bio entries of the main character they named after you, and show it for a split second, upside down while the page is turning. This is in no other than the famous interrogation scene of the Matrix when VHS freeze framing would yielded no chance for a clear image of the entries and it flashes by the film for a brief split second on two occasions.
The only way you can lose such a case with straight tort copyright law is… if you have an attorney that is bought out by the other side. This is exactly what occurred and is ongoing. An attorney who will steer the press away, and even alter and tamper with evidence for the other side and as he said “give them anything they want and be done with it.”
Going against an industry giant like WB, it is easy to see how the resources are available to them to even get an opposing councils attorney to work for them.
But imagine being the script writer who is just trying to get back what is rightfully yours, a scriptwriter who is not an attorney or even versed in the copyright law, but believes that justice can happen with the overwhelming evidence you have.
And over the course of the case process it becomes virtually impossible to even know your attorney is steering the case in favor of the defendants. When your attorney is placating you, telling you that you have time, everything is going great, it will be no problem to get depositions and discovery from the other side, it will be no problem to show your evidence and tell your story. Telling you that you have plenty of time but at the same time keeps stalling and stalling and stalling. Unbeknownst to you your time is running out, deadlines are being missed.
Your case is being misrepresented and you don’t even know it because the one person you trust is working against you, giving all your information to the other side while allowing them to give you none of what they bare required by law to provide and disclose. Then you find out they have none and are bragging how they have your attorney in their pocket openly.
Now at the bottom of the barrel, at the midnight hour, you get word from someone in the court itself, that they have heard first hand that the WB attorneys where bragging that they had your attorney in their pocket!
This sounds more like a nightmare than a court case but this is exactly what has happened in our case of Althouse vs WB, Wachowski’s and Silver.
And even when a new attorney was found who was able to shed light on the fact that none of the evidence was submitted, nothing was filed, and that the case was pretty much a lost hope because our previous attorney had sabotaged the case so well. We find that we are sitting in a position of being stolen from again.
It has now become a case of busting down the doors and showing what is going on for playwrights and writers everywhere. How the film industry is in bed with the courts in CA and how it is virtually impossible to even find an attorney that can take your case due to the connections they have in the industry.
We are here to get the word out. To take something that has so many layers and is so intricate in how detailed this case is, and show how copyright law has been twisted, but how the true artists can take it back.
Please help us share this information to get the word out.
Author Tom Althouse
Tom Althouse is a playwright, actor and author and his recent awards include selection by Maui TV News a best comic actor for 2013, The Maui Fringe Festival's Hoku Award for best actor 2012 and Maui Time Magazine recognized him in 2011 in its selection of 20 People Who Matter on Maui.