[Settled] Lawsuit With Ultra Records

[beastella]

From the Tumblr

So she literally just regurgitated everything we said on GG XD pathetic. She won't win this case will she?

[toph_bei_fong]

Ohhhh, man. This sounds really bad for her. An email conversation is not the same as the company receiving profits from a purchased license.

She is probably screwed. I feel concerned for her.

[Epic811]

Well, if this was indeed a real email exchange the two parties that it can very well be seen as a legal agreement. Because both has agreed to the terms and an agreement can be made via oral, written, or contract. This can serve as proof that she had "some" permission.

I still think that it was stupid on her part for using ultra's music beyond the agreement, if there was any for the limits of songs used.

[Bom]

Her case is kind of weak IMO. (My thoughts about this are all over the place)

It's like taking a font from a site that specifically tells you "For personal use only unless you purchase a license to use it commercially" And you use the font for the logo of your new hole-in-the-wall, straight from your garage bakery without purchasing the license. Years later the bakery is very successful - hundreds of locations across America - and the creator and owner of that font sues you for using the font without the proper license. It's your responsibility to obtain the commercial license for it.

Michelle's videos aren't personal, non-profit content. She has been making bank from YT since 2009 and most likely before, thanks to her Partnership and all those sponsorships (on a side note has she EVER turned down a sponsorship?). Unless she did, indeed, have the license to use that music then I don't see how an e-mail exchange grants her the right to use copyrighted music. On the other hand, I wonder about the actual contents of the e-mails, and does this manager that Michelle talked to have the power to just give her the green light to feature the music? Did this guy realize what he was doing, giving Michelle the "right" to use that music? Was it free? Was he serious? Do these e-mails even exist? So many questions.

I'm a designer for a small company and I'm extremely aware of the sensitivity of copyright - all of our work is original and if I use someone else's work, such as a photograph or a font, we pay for the right to use it for commercial use. I'd never put my company in danger of getting sued like this. IT'S COMMON SENSE. I'm not surprised that this stupid self-proclaimed artist got into trouble with her reckless use of protected content.

Should've just gotten royalty-free BG music, Mish.

[Srsly]

Tubefilter has a few more details of Michelle's counterclaim http://www.tubefilter.com/2014/09/18/mi ... s-lawsuit/

Not really sure what to think, I guess we'll see how it unfolds in court

[ERMAHGERD~]

Michin's "logic" behind all of this is laughable... she needs a good slap to that big, fat, flat face of hers...


It's like saying: "Oh, I was drinking and driving but, this officer let me go because he gave me permission to!"
The officer is not the law... doesn't she get this???

There is a huge difference between getting something officially done (documents, paperwork, etc.) than using an archaic method of "promise in words"-which is obviously highly ambiguous.

She truly is an idiot or just thinks she's above the entire world... I would go with the latter.

[ERMAHGERD~]

Ultra is up against this guy... they're going to have a VERY HARD TIME winning the case...


LOL! Michin has got to be out of her damn mind... this guy is a nobody that handles z list celebs and their shady shit...
http://www.grodsky-olecki.com/attorney/allen-grodsky
http://www.lawyers.com/santa-monica/cal ... y-78170-a/
http://www.martindale.com/Allen-B-Grods ... tm?view=cr

I really hope Michin falls hard and learns that she's not Godly- not anywhere close to it.

[amuto_lover]

This is too funny Michelle's gonna get her ass handed to her in court.
This child should have thought twice she's going up against a company owned by Sony so it's safe to assume that their whole line of lawyers have looked through every last detail regarding the lawsuit with Michelle. Even if Michelle's lawyer(s) finds a way to bury ultra alive they will dig themselves out just like 'that' and push Michelle in that same hole. Karma is finally coming for her and I hope this does teach her that she isn't untouchable and her whole career was based on luck not talent
Now it's time to insert the smiley face Michelle uses in her nasty replays to seem nice. Sorry not sorry

[lurker123]

Where are the lawyers in here? I'm curious what this new information means!

To me (layperson), it seems like it'd depend on how explicit the email was, and whether it was open to interpretation. If the manager explicitly gave her permission to use the music in exchange for the publicity...well, I dunno, that sounds like at the very least Michelle could say that she thought she was given permission? And it would definitely seem like it?

I'm very surprised Ultra would sue if that were the case, though.

[Coyote]

It's like saying: "Oh, I was drinking and driving but, this officer let me go because he gave me permission to!"
The officer is not the law... doesn't she get this???

There is a huge difference between getting something officially done (documents, paperwork, etc.) than using an archaic method of "promise in words"-which is obviously highly ambiguous.

She truly is an idiot or just thinks she's above the entire world... I would go with the latter.

No, I doubt she gets it.
And I'm willing to bet her lawyer is grasping at straws.

Like the tube article notes, Ultra has a "right and responsibility" to protect its copyrights. Michelle is just crying foul because she can't get her way. It says that 12 videos were taken down or muted because of the DMCA issues, so if they're seeking the maximum $150K damages for those videos, that's equal to $1,800,000. If Michelle loses this (which tbh she doesn't have a strong chance at winning it seems), he income from YT become public and that's what I'm interested in.

The coutersuit also says that Michin wants a trial by jury. How does that work with a case like this?

[dru_irkins]

Trial by jury? Goodness. I can just imagine MP using words like "empowering" and whatever silly words she usually uses to convince the jurors on her side. Or she's probably hoping that she'll get some of her subbies as jurors.

[ERMAHGERD~]

Pretty interesting stuff that she wants a trial by jury... she's going to use her "people skills" to muster up some sympathy to get brownie points.. NO DOUBT ABOUT IT..

OH, THAT AND she'll wear her "slutty court room" suit and hope to God that the whole jury is filled with perverts.

She's so fucking transparent... I have to say, it's not a bad idea... considering that she's good at being "the victim" and people falling for it...

In that case, I say GG gather all the shit she's been spewing and give them extra ammunition in court just in case she tries to lie out of her saggy ass again!

[restrained]

I'd assume it'd also depend on whether the person she spoke to is capable of giving permission and whether he's still with the company. Furthermore, I'd also assume that anything not explicitly written in the email would be open to interpretation and would give phany the upperhand. I was once told that if it is not explicitly defined gives the other person an advantage over the company itself but that's also hearsay and I'm not in law.

[sibkitty3]

Wouldn't trial by jury open her up to her past scandals? I am not familiar with the American jury system, but she cannot select her jurors-who knows one can be a GG member here or someone who knows her lying past. Her lawyer has to be very good to protect her if that comes out in court-which may, because Ultra records has a lot against her. Any mentioning of her scams will not do good with the jury.

[restrained]

If I remember correctly, both sides have to agree to those jurors for them to be selected. They're not quite random.

[DriveBy]

Interesting development; I haven't read this thread in a while. I'll probably comment further after reading the counterclaims.

My only question at this point is whatever happened to Michelle's big-time New York copyright attorney Christine Lepera?

[beastella]

If I remember correctly, both sides have to agree to those jurors for them to be selected. They're not quite random.

No it is quite random. And they make sure that no one in the jury has any ties to Michelle Phan, good or bad. They want unbiased judgement and nothing swayed by emotion.

[beastella]

If I remember correctly, both sides have to agree to those jurors for them to be selected. They're not quite random.

No it is quite random. And they make sure that no one in the jury has any ties to Michelle Phan, good or bad. They want unbiased judgement and nothing swayed by emotion.

[restrained]

If I remember correctly, both sides have to agree to those jurors for them to be selected. They're not quite random.

No it is quite random. And they make sure that no one in the jury has any ties to Michelle Phan, good or bad. They want unbiased judgement and nothing swayed by emotion.

If it were that random then they would be randomly selected from the general population without interviews from either side. While I do believe they try to pick jurors who are unbiased, I also believe both sides judge the possible jurors based on other things. A young juror would more likely know and follow gurus versus someone who is older in age who may not even know what Youtube is. Assumptions can also be made based on educational and financial background as well. So no, I don't believe it's all that random even though the original pool is randomly selected from the city's population.

[sibkitty3]

Thanks for your guys input on selecting jurors. My guess is she is hoping with her huge dumb fanbase, maybe one will be her fan or she can give puppy dog eyes at them to make them feel sad...
Either way, her 'poor' upbringing will come up, in terms of how she worked so hard to get to this point and Ultra is bringing her down, and she didn't know about the legalities of a contract. She uses her poor childhood as an excuse for everything.