Expelled producers ask for judgement, sue XVIVO for costs

_{Denyse O'Leary

April 15, 2008

Expelled}

Share: Facebook; Twitter; LinkedIn; Flipboard; Print; Email

I received this press release moments ago:

The skinny:

1. The Expelled producers have filed suit in the Northern District of Texas seeking declaratory judgment that there is no copyright or other infringement. Premise Media also seeks its attorneys’ fees in responding to the XVIVO claims.

2. They also suspect that some will try to influence Internet search ranks for Expelled, to direct persons seeking information to attack sites instead. (To solve this problem, just go to Expelled directly.)

For the fire and brimstone press release, go here.

Comments

Now Expelled Exposed is up to #5. Apparently ERV thinks Premise Media had to remove all cell animation because the film length has been reduced from 97 to 90 minutes. ERV posts the following from the Premise Media court documents:
Some time ago, as part of the pre-release activity relating to the Documentary Film, Premise Media commissioned a DVD highlighting some parts of the Documentary Film as then planned. The DVD was designed as an educational resource highlighting the theme of the Documentary Film and was distributed free of charge in all cases. The resource DVD included a short clip of an animation of the inside of a cell. The short clip showing the cell interior was independently created early in the production process, and was used in the resource DVD. At the time the short resource DVD was made, the Documentary Film was not complete. The final version of the film does not contain the segment from the DVD on which XVIVO appears to base its claims in its April 9 letter. Even so, Defendant evidently obtained access to the resource DVD or its contents, as indicated in Exhibit 1, because, on information and belief, at the time it sent that letter, XVIVO could not have seen the Documentary Film (it had not been released). The specific segment from the educational resource DVD is not even in the final version of the Documentary Film to remove. Even if the resource DVD or Documentary Film had relied on the Inner Life Video in part (which it did not), any such use would be protected by the doctrine of fair use. In addition, the fact that XVIVO makes available the Inner Life Video on its website with the "lead in" that "A full length version of 'The Inner Life of a Cell' is now available online for educational use" (emphasis added) creates an implied nonexclusive license for Premise Media to precisely do what XVIVO now complains Premise Media is doing, arguendo, i.e., make "educational use" of that video, via a Documentary Film.
See also: Get Expelled - Cellular Animation Movie Clip on YouTubeDLH_{April 17, 2008
April
04
Apr
17
17
2008
08:36 PM
8
08
36
PM
PDT}

DaveScot said,
Less than 24 hours ago Expelled Exposed was not in the first 10 hits. WW pointed that out in comment #7. I checked just now and it’s risen to the eighth position.
Well, maybe the google bomb would be working better if there were no google bomb detector.Larry Fafarman_{April 16, 2008
April
04
Apr
16
16
2008
09:51 PM
9
09
51
PM
PDT}

larry Less than 24 hours ago Expelled Exposed was not in the first 10 hits. WW pointed that out in comment #7. I checked just now and it's risen to the eighth position. 1 - expelledthemovie.com 2 - expelledthemovie.com/playground 3 - expelledthemovie on wikipedia 4 - expelledthe movie on pharyngula 5 - expelled trailer on YouTube 6 - expelled trailer on YouTube 7 - expelled on imdb.com 8 - expelled exposed The google bomb is working. Give it time. But they've already accomplished the goal of getting it onto the first page of hits where's far more likely to be seen than on subsequent pages. I don't suppose I need to point out to you of all people that wikipedia, at #3, is not far behind NCSE in its prejudice against Expelled. DaveScot_{April 16, 2008
April
04
Apr
16
16
2008
08:03 AM
8
08
03
AM
PDT}

DaveScot said,
Expelled exposed is in the top 10 hits. Evidently the google bomb detector isn’t working as you think it does.
The purpose of the google-bombing is to make Expelled-exposed the first hit -- so if Expelled-exposed is not the first hit, then the google bomb detector is working.Larry Fafarman_{April 16, 2008
April
04
Apr
16
16
2008
06:41 AM
6
06
41
AM
PDT}

ww Expelled exposed is in the top 10 hits. Evidently the google bomb detector isn't working as you think it does.DaveScot_{April 16, 2008
April
04
Apr
16
16
2008
06:12 AM
6
06
12
AM
PDT}

It is too late for Premise Media to comply with XVIVO's demands even if Premise Media were willing to do so. And XVIVO did not offer Premise Media the alternative of paying for use of the video. XVIVO's public accusation is just for the malicious purpose of trying to damage the reputations of Premise Media and the "Expelled" movie. I don't see what google-bombing accomplishes. So it changes the order of listing on Google -- big deal. Any site that is on the first page or the first few pages is likely to be accessed.Larry Fafarman_{April 16, 2008
April
04
Apr
16
16
2008
06:10 AM
6
06
10
AM
PDT}

WW - Exactly WHY should I change my handle?Gods iPod_{April 16, 2008
April
04
Apr
16
16
2008
01:51 AM
1
01
51
AM
PDT}

But they already shot themselves in the foot! LOL. Their attempted Google bomb has already been detected and neutralized by Google's automated algorithms. LOL.William Wallace_{April 15, 2008
April
04
Apr
15
15
2008
11:09 PM
11
11
09
PM
PDT}

They also suspect that some will try to influence Internet search ranks for Expelled, to direct persons seeking information to attack sites instead.
They're doing it by trying to send people to this site instead.Bob O'H_{April 15, 2008
April
04
Apr
15
15
2008
11:01 PM
11
11
01
PM
PDT}

Justia links to this case: Premise Media Corporation LP et al v. XVIVO L.L.C. Case no. 3:2008cv00639DLH_{April 15, 2008
April
04
Apr
15
15
2008
10:45 PM
10
10
45
PM
PDT}

First of all, I hope that when the producers of Expelled win, they'll also go after lying jerks like PZ Myers who helped perpetuate the plagiarism falsehood. As far as the attempt to influence search engines, googlebombing recently died a well-deserved death, so their attempts are impotent. What's really funny, though, is that all their linking is causing traffic problems with the Expelled Exposed website. How wonderfully poetic!jinxmchue_{April 15, 2008
April
04
Apr
15
15
2008
10:15 PM
10
10
15
PM
PDT}

As I previously outlined elsewhere, I don't think XVIVO has any standing, and it is probably no accident that Peter Irons apparently tricked his clients into sending the bogus letter. XVIVO is not harvard, but appears to have performed "work for hire", and released the copyright to Harvard/Lue/Viel per the "Copyright ©2007 Robert Lue and Alain Viel, Harvard University" statement at the end of the XVIVO clip in question. But the letter is not signed by Lue or Viel. I tend to think DaveScot is right; the PT-mafia cheerleaders are "dopes".William Wallace_{April 15, 2008
April
04
Apr
15
15
2008
09:55 PM
9
09
55
PM
PDT}

The only problem with the PT-mafias strategy is that it is not working, as Google has algorithms to detect and ignore goggle bombing. Indeed, on my search, their attack site does not show up in the first 10 hits. More than that would spill the beans, so let them continue on this fruitless waste of time. Expelled is already the number one hit when searching for Expelled, so I don't think anybody needs your help. BTW, Gi, you should change your handle.William Wallace_{April 15, 2008
April
04
Apr
15
15
2008
09:28 PM
9
09
28
PM
PDT}

I am an SEO. I have brought many sites to #1 on Google and kept them there. If the Expelled team wants some help in creating a strategy to counter this attack they can contact me.Gods iPod_{April 15, 2008
April
04
Apr
15
15
2008
09:05 PM
9
09
05
PM
PDT}

This will teach the XVIVO people that launching accusations of plagiarism against professionals is not just another stupid internet flame war between IDists and Darwinists. Making such damaging accusations can and does have very real consequences. I hope they have a good attorney for this one.Leo Hales_{April 15, 2008
April
04
Apr
15
15
2008
07:59 PM
7
07
59
PM
PDT}

Google bombing, from what I can tell, occurs through link "loading." So when you link to Expelled, link it this way: Expelled The Movie or like this: Ben Stein Expelled or something appropriate. There is huge search engine power in making sure that hypertext is descriptive of the site it's linking to. Avoid "Click Here" hypertext and use the very terms that you want the page to rank under in search engines. Intelligent DesignApollos_{April 15, 2008
April
04
Apr
15
15
2008
06:35 PM
6
06
35
PM
PDT}

so... everyone with a blog: Please link to the offficial Expelled site.vrf_{April 15, 2008
April
04
Apr
15
15
2008
06:28 PM
6
06
28
PM
PDT}

Premise decided to play a little hardball. Good for them. Lessons need to be learned by the opposition.DaveScot_{April 15, 2008
April
04
Apr
15
15
2008
06:20 PM
6
06
20
PM
PDT}

Larry King is on as I type. He's interviewing Ben Stein.russ_{April 15, 2008
April
04
Apr
15
15
2008
06:07 PM
6
06
07
PM
PDT}

You must be logged in to post a comment.

Leave a Reply