[rollei_list] Re: What good is a model release now?

  • From: "John A. Lind" <jalind@xxxxxxxxxxxxx>
  • To: rollei_list@xxxxxxxxxxxxx
  • Date: Thu, 10 Feb 2005 00:39:41 -0500

At 09:31 PM 2/9/2005, you wrote:

>Why, Jerry?  I haven't lost a case yet ;-)

Sometimes it's not what is "fair" to "make someone whole" again . . . plus 
legal fees . . . which is what many might think is deserving (at the 
least).  Without reading all the facts available, that amount smells to me 
as if it contains significant "punitive" damages which are measured on an 
entirely different scale . . . an amount sizeable enough to make the 
defendant feel some pain of "punishment" . . . and one of the clews is the 
posting here of it being 5% of the profit.  Large corporations with very 
deep pockets wouldn't even blink at $100k and would that give cause to 
think twice about doing it again?  Sometimes yes, but sadly many times 
no.  Go high enough into the rarified air of the wood-grained offices of 
Fortune 500 corporations and it's all about money; nothing else matters 
much.  One might debate how "punitive" damages should be awarded/disbursed 
. . . and whether they should go completely to the plaintiff . . . and I 
think that question has never had a very satisfactory solution . . . and in 
the absence of one it leaves the plaintiff as its recipient.

-- John


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