Tag Archives: lawsuit

SEC Seeks the Removal of Elon Musk From Tesla CEO Role

Elon Musk just can not catch a break this year. The SEC has decided to charge him with lying and recklessly misleading the public due to a tweet on Twitter. And no, the SEC is not just a college football conference.

Elon Musk is facing trouble once again and this time, it could force him out from Tesla; photo from time.com
Elon Musk is facing trouble once again and this time, it could force him out from Tesla; photo from time.com

The Securities and Exchange Commission (SEC) is seeking the removal of Musk from his role as CEO of Tesla after a tweet in August in which he claimed that he had “funding secured” to take Tesla, a car company, private.

The SEC holds the primary responsibility of enforcing all federal securities laws, proposing them, and regulating them. A lot of their focus leads to the stock market and making sure it is fair for everyone.

This civil lawsuit, which was filed in New York City on Thursday, could lead to tremendous losses for Tesla and the forced removal of Musk from the CEO role.

The SEC claims in their lawsuit against Musk that “he had not discussed, much less confirmed, any key deal terms, including price, with any potential funding source.”

Besides the normal fines that could be imposed, the SEC has asked the federal court to block Musk from being able to run a public company, which could lead to him being removed from Tesla.

Stephanie Avakian, the co-director of SEC’s Division of Enforcement said at a press conference, “We allege that Musk’s statements were false and misleading because they lacked any basis in fact.”

Musk has not had a good year with Tesla or in the public eye. He is currently in another lawsuit against a British diver for libel and slander after Musk called the diver a “pedo” on Twitter. This was after the diver questioned the efforts of Musk during the successful rescue of a Thai boys soccer team in Thailand.

Maybe a good suggestion for a smart man like Musk would be for him to just delete Twitter.

Is Online Gaming Going to be Affected by the Net Neutrality Repeal?

Most of us remember a few months ago when the Federal Communications Commission (FCC) was hearing the case for and against “net neutrality.” Now, we are slowly hearing about the repercussions of repealing net neutrality.

The Entertainment Software Association (ESA), a video game industry lobby group, has decided to join in the lawsuit against the FCC, joining a mix of Democratic state attorney generals, tech companies like Mozilla (Firefox), and many more.

The ESA noted that its members will be harmed by the repeal and it would hurt online gaming the most. In a statement, the ESA said this was “because the FCC’s order permits ISP’s to take actions that could jeopardize the fast, reliable, and low-latency connections that are critical to the video game industry.”

Net neutrality is a very controversial topic in politics. The rules prohibit Internet service providers from blocking or throttling lawful Internet traffic and prevent extra-charges for people looking to get better access. These rules are crucial to the video game industry according to an ESA brief, filed in the U.S. Court of Appeals in the DC Circuit.

Also in the brief, it was noted that while music and movie streaming providers can use buffering to account for network problems, the ESA noted that their clients can’t do the same.

The ESA is also very worried about the downloads of large games and how these games can be “slowed down” due to the loss of net neutrality.

Big names in the video game industry that are represented by ESA include Sony, Nintendo, Microsoft, Ubisoft, and Disney.

ESA’s case will be under the name of Mozilla Corporation v. Federal Communications Commission and the United States of America. 


Lindsay Lohan Loses Lawsuit Against Take-Two

The never-ending lawsuit between Lindsey Lohan and Take-Two Interactive has finally ended in favor of the makers of Grand Theft Auto 5, but next time, they may not be so lucky.

The real life Lindsey Lohan and the GTA 5 character "Lacey Jones;" photo from digitaltrends.com
The real life Lindsey Lohan and the GTA 5 character “Lacey Jones;” photo from digitaltrends.com

Judges from New York state’s highest court ruled in favor of Take-Two Interactive in a lawsuit case. Lohan had sued Take-Two over the likeness of the GTA 5 character “Lacey Jones” who only appeared in one mission during the storyline game in a random event. Lohan had been fighting the case since 2014 which was called a “publicity stunt” by Take-Two.

Lohan’s case nearly was dismissed in 2016 but she was able to get her case to a New York Supreme Court judge who ruled against her. Then she appealed her case to the Court of Appeals which affirmed the decision of the state’s judge.

The unanimous ruling did find that video game avatars constitute a portrait of someone. However, Lacey Jones, described as a “beach-going young woman” lacked characteristics that reasonably identified the plaintiff.

Lohan’s lawsuit will most likely end here unless she can prove and show how the ruling and New York’s privacy laws conflict federal Constitution laws. If she can prove that, her case could reach the U.S. Supreme Court but the possibility of that happening is slim to none.

Even though Lindsey Lohan didn’t get the result that she was looking for, the ruling is very significant in New York. Video game avatars can be a likeness equivalent to photographs, films, or other depictions under the law.

Video game companies will have to watch twice before making a character that is similar to a celebrity because otherwise, they could end up in court and lose.


Blurred Lines scandal

Many songs sound the same, it’s unavoidable. Not every single artist can be 100% original and neither can their work. Years ago, teen pop duo, Aly and AJ, received criticism when they released their hit song “No One” because the chorus sounded a little too close to Avril Lavigne’s “I’m With You”. Another case occurred just over the summer, Sam Smith was forced to pay a good amount of money to Tom Petty because Petty thought Smith’s hit, “Stay With Me” was sounded vaguely like his song, “Won’t Back Down”. Now the late Marvin Gaye’s family is suing Robin Thicke and Pharrell Williams for their 2013 Top 40’s chart topper, “Blurred Lines”.



blurred lines
“Now the late Marvin Gaye’s family is suing Robin Thicke and Pharell Williams for their 2013 Top 40’s chart topper, “Blurred Lines”.

“Gaye’s children insist that their father’s 1970’s song, “Got To Give It Up” was the victim of plagiarism for Thicke and Williams’ modern day track. While Pharrell Williams, the writer of the single, admitted to being a fan of Gaye’s music, he denied having stolen lyrics and/or instrumental parts for “Blurred Lines”.

This statement was contradicted several times by Robin Thicke declaring in interviews that the pair had found inspiration in Gaye’s song. When asked about these comments in court, Thicke admitted to having been under the influence of drugs and alcohol during most, if not all, of those interviews two years ago.

The lawsuit began upon the song’s release in 2013 and has finally been resolved with a judge ordering Thicke and Williams to pay a whopping $7.3 million to Gaye’s children.

Fresh off their victory, the Gaye children are now looking into another one of Pharrell Williams’ popular songs, “Happy” which they claim sounds a little too much like another one of their father’s hits, “Ain’t That Peculiar”.

If Williams really is taking inspiration from Marvin Gaye’s old hits, he may want to slow his roll. Gaye’s children are out and looking for blood when it comes to protecting their father’s legacy. While they haven’t announced another lawsuit yet, Williams should hope that the Gaye family will be content with the $7.3 million they just won rather than trying to race back into court to drain Williams’ bank account even more.

Sick of atheists?

If I could write an article every time a Fox News pundit says something that grinds my gears, I would have enough material to write a book. I’d like to think I’m pretty good about controlling myself on the off chance I happen to catch a bit of Fox News. This video surfaced recently of Fox News pundit Dana Perino saying she’s sick of hearing about atheists trying to remove “under God” from the pledge of Allegiance, and that if they don’t like it, they don’t have to live here.

Continue reading Sick of atheists?

Death by energy drink: Who is truly at fault?

Anais Fournier, a 14-year-old girl from Hagerstown, Maryland, died of cardiac arrest some time after consuming two 24-ounce Monster energy drinks in a 24 hour period, her parents claim. They have since filed a lawsuit against the energy drink company alleging negligence lead to her wrongful death. The family attorney issued a statement contending that Fournier “died of caffeine toxicity in the setting of a cardiac arrhythmia,” and also mention she had an “underlying mild heart condition, not unlike 10 percent of the population.” Continue reading Death by energy drink: Who is truly at fault?