2 things:

why is the suit without merit? The clip was used in such a context as to imply that this guardsman had a certain opinion, which was false.



The McDonald's thing was in fact also meritted. The facts showed that the temperature of the coffee was in fact 20 degrees hotter than McDonalds internal documents stated it should be. In this case it WAS too hot and McD's admitted it.

 

Well I'd agree with you but apparently it is wrong to disagree with the gov't or servicemen in general. So instead......GO TORT

 

Well kids,

Michael Moore is from my hometown (always listed as Flint, Mich but actually is Davison, Mich). We went to High School together (he was a couple years older), his family went to the same church as mine (Catholic) and his Dad worked at the same factory as my dad did (AC Delco in Flint). His house was right around the corner from mine. I never hung out with the group that he did, they were way too far out in left field for me. He has always operated the way he does now, even as a kid. The difference is that now he makes a lot of money from his abilities to express how he feels. He has attracted quite a following, I'm just not one of them. I'm not going to slam him (as a lot of others have here) because he just isn't that important to me. I would say "Hi" if I saw him on the street (His family still lives in Davison, but I do not) and I think he has done well for himself.

One thing that really drives him is the negative reactions that he gets from all who dislike him. If you really want to shut him down, just ignore him....It makes him crazy.

 

It is about time that lying sack of sh*t gets called to the table. A documentary is supposed to be true not fabricated to make your usesless point. Michael Moore is a moron.

 

Norm,

C'mon, tell us how you really feel.....We're all big boys and girls here, don't hold back, let it out.

JK

 

The lawsuit is ridiculous. Moore has nothing to do with his loss of limbs or the resulting emotional pain. But with juries today who knows. His beef should be with the enemy or military. Had Moore had his way he'd still have his limbs.

 

He is not suing for loss of limbs. He is suing because Michael Moore-on used a clip that was originally about the guys medical treatment to make a point in his crockumentary, a point that the poor guy did not even agree with. He felt he was misrepresented. Let the jury decide.

 

I thought the clip is what caused his alledged emotional pain. Jurors know what's best. Just ask OJ.

 

If Moore had his way this Country would be a bunch of peace flag waving communists who surrender to ANY challenge. Moore is a weasle and he used that servicemembers comments WITHOUT written consent. Also, using a Military members comments in ANY documentary or news footage can get a service member in serious trouble with his Unit. The lawsuit is not ridiculous, If he was using my comments out of context, I'd sue as well. I bet you'd sue if a conservative journalist/documentary maker used your comments to voice an opinion that you do not share...or maybe you'd wave a white flage and surrender as Michael Moore would have you do. I guess Michael Moore knows whats best for ths country...hell, he probably even smells like a Frenchman

 

Peace flag waving Communist? If you're in favor of peace you're a communist or a traitor? I'm like Murtha. Take your losses and run. This war in Iraq is not winable. The insurgents are not gonna give up until we're gone. And they are not gonna run out of insurgents. We can't even see the enemy. No matter what happens in Iraq terrorism will go on. We are only stirring up the bees nest. How many Americans must die just so people can say American never give up or surrender? Do you think we are the only people with that attitude.

 

I resect your opinion, Sir. However, I do not want to cut our losses and run...America doesn't run. At least not the America that I love. We will outlast them, or die trying. Sen. Murtha has an agenda...So what happens when we leave. Do you think the "insurgents" just pack up and go home to their wives and kids? No, they plot against us and try to attack us here. Don't be so sure this war is about Iraq...it isn't. It's about Democracy, Freedom and Religion

 

The quick ugly answers . . .

He did not need his consent. Moore licensed the clip from the NBC station that aired the original story.

That would be the serviceman's problem, not Moore's.

And if you had signed a release (which is the only way your comments would make it to broadcast) you would have no case, just as this poor kid does not.

The explanation:

Partisan politics aside, you need to understand something about how signing your rights away works.

The video clip in question was originally a part of an NBC News segment about the treatment of amputees at Walter Reed. It focused on a new drug that supposedly effectively helps block pain associated with limb loss.

Any time one of the networks (or any independent producer with half a brain) films, or videotapes, or records someone in any manner, they have the subject sign a release. Without getting into all the legal mumbo-jumbo, the standard release essentially says this: You appeared on this show of your own free will. You understand that you have no rights with regard to how we decide to exhibit the material. You have no say about how we edit it, display it, sell it, whatever . . . in other words, you have no rights. . . period. You also waive any rights to sue, to compensation in any form, etc etc etc. NBC also would have reserved the right to license the material to anyone they want to with the terms of the waiver transferred to whomever licensed the material, and the subject (in this case Sgt. Peter Damon) would have waived any recourse against them.

Trust me on this, Sgt. Damon signed such a release otherwise the bit of video that he was in would never have seen the light of day.

Moore's company licensed the material from NBC (confirmed by both NBC and Miramax). Under the terms of a standard contract/release, he has no liability since Damon would have surrendered all rights and all recourse for anything.

Did Moore edit the piece in such a manner as to be disingenuous? Maybe. But it doesn't matter. Damon has no recourse as he signed a release.

Is that right? Is it wrong? That's not the point. What's at issue here is whether or not he has a case. He doesn't. The law is the law.

With regard to a serviceperson getting in trouble, well, that's the serviceperson's fault. You strike me as someone who believes in personal responsibility. That an individual should take responsibility for their own actions. If someone is foolish enough to allow a video of themselves to be shown, and sign away their rights in the process, they have no one but themselves to blame.

Damon complained about this back in 2004. Why is he suing now? Most likely because it has taken him two years to find a lawyer who doesn't care that the case will not stand up in court, he's just doing it to greenmail the studios.

If this ever gets to a preliminary hearing then Miramax and NBC will show the judge the release that Sgt. Damon signed and faster than you can say "What about my 85 million?!?!" the judge will throw the case out. Happens every day, many times a day.

 

see previous post above

 

This must be micheal moore posting. Cut and run, yeah

 

I just wish people like Michael Moore spent more of their time and energy on something CONSTRUCTIVE or BENEFICIAL to others... Stirring up controversy only results in personal gain through media coverage and increased attention.

He's a selfish SOB that should be ignored by every man, woman, and child. This is not because of his beliefs or opinions, but WHAT he chooses to do with thim. He creates nothing but conflict and for that, he should be punished...