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May 31, 2006
Michael Moore Gets Sued by Wounded Iraq War Vet

The NY Post reports that double-amputee Iraq-war vet, Sgt Peter Damon, is suing Michael Moore for $85 million for using footage of an old interview he gave while at Walter Reed Army Hospital without his permission, and using it out of context to "make him appear anti-war in 'Fahrenheit 9/11.'"

Sgt. Peter Damon, 33, who strongly supports America's invasion of Iraq, said he never agreed to be in the 2004 movie, which trashes President Bush.

In the 2003 interview, which he did at Walter Reed Army Hospital for NBC News, he discussed only a new painkiller the military was using on wounded vets.

"They took the clip because it was a gut-wrenching scene," Damon said yesterday. "They sandwiched it in. [Moore] was using me as ammunition."

Damon seems to "voice complaint about the war effort" in the movie, according to the lawsuit.

But what the father of two from Middleborough, Mass., was really talking about was the "excruciating" pain he felt after he lost his arms when a Black Hawk helicopter exploded in front of him.

Damon wasn't expressing any opinion about the war, the suit charges, but rather extolling the drug.

"I just want everybody to know what kind of a guy Michael Moore is, and what kind of film this is," said Damon. He has appeared in two films attacking "Fahrenheit" -"Michael Moore Hates America" and "Fahrenhype 9/11."

Posted by Matt at May 31, 2006 12:31 PM



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Comments

But, but, but, but, but Moore's film was a "documentary" so it couldn't have been filled with lies, misleading statements, falsehoods, etc, etc.

That would be impossible / sarc off

Posted by: Warriornation [TypeKey Profile Page] at May 31, 2006 01:17 PM

Sounds about right. A liberal (Michael Moore) speaks and lies fall out of his mouth.

Posted by: Art Patscheck [TypeKey Profile Page] at May 31, 2006 02:13 PM

Why did it take him so long afterwards to file a lawsuit...and after two "documentaries" to the contrary?

Posted by: Third Eye Open [TypeKey Profile Page] at May 31, 2006 02:17 PM

Because he tried to settle it out of court with Moore and of course Moore refused.

That's why.

Posted by: Warriornation [TypeKey Profile Page] at May 31, 2006 03:26 PM

Sounds like a frivolous lawsuit. Once his interview was broadcast over the public airwaves, the clip became part of the public domain. Moore was showing how our soldiers are receiving horrible wounds and are suffering. The soldiers personnel views on the war is not germane.

Posted by: Barneyg2000 [TypeKey Profile Page] at May 31, 2006 05:53 PM

This patriotic Iraq war vet should have asked for more $$$.

Thank you! Sgt. Peter Damon for defending the United States of America and liberating those 25 million Iraqis! Salute!

Posted by: Freedom1 [TypeKey Profile Page] at May 31, 2006 07:32 PM

"Sounds like a frivolous lawsuit. Once his interview was broadcast over the public airwaves, the clip became part of the public domain. Moore was showing how our soldiers are receiving horrible wounds and are suffering. The soldiers personnel views on the war is not germane."

Why is it that liberals have so little knowledge about copyright laws? They seem to think anything and everything is for public use and they don't need to ask permission for anything. Just because an interview is broadcast in NO WAY makes it public domain. That's like saying the superbowl is public domain and its recording and sale is perfectly ok. Then again laws dont apply to liberals.

Posted by: Jonathan [TypeKey Profile Page] at May 31, 2006 07:53 PM

"Why did it take him so long afterwards to file a lawsuit...and after two "documentaries" to the contrary?"

I dunno...maybe it was that whole "double amputee" thing? I'm just spitballing here, but maybe the guy had other things to worry about.

Geez....

Posted by: NC Cop at May 31, 2006 10:25 PM

jonathon, you are forgetting about the "fair use" provision of the US copyright laws, which will likely be used to show it was legal for him to use it

Posted by: axis [TypeKey Profile Page] at May 31, 2006 11:20 PM

Sweet!

Posted by: Scott at June 1, 2006 12:51 AM

Smack it to im! I hope he gets every red cent, so it can actually go for a cause greater than michael Moores pocketbook! I have no doubt that this soldier will use the majority of the funds to help his fellow disabled vets! By the way blind eye, if you lost your legs, why would you defend a loser like Bush and go after a wiener.... I mean winner like Mikey Moore! Hmmmmmmmmm............ Maybe he believes in something greater than himself, something greater than pres. Bush, something greater than Mikey Moore!!! go figure!

Posted by: bearmanUSMC [TypeKey Profile Page] at June 1, 2006 01:15 AM

-- You've spent too much time in bootcamp. They've bootwashed you good, believing you're in Iraq to serve america rather than to make Bush and Cheney millions and millions and millions.


Smack it to im! I hope he gets every red cent, so it can actually go for a cause greater than michael Moores pocketbook! I have no doubt that this soldier will use the majority of the funds to help his fellow disabled vets! By the way blind eye, if you lost your legs, why would you defend a loser like Bush and go after a wiener.... I mean winner like Mikey Moore! Hmmmmmmmmm............ Maybe he believes in something greater than himself, something greater than pres. Bush, something greater than Mikey Moore!!! go figure!

Posted by: axis [TypeKey Profile Page] at June 1, 2006 02:16 AM

"jonathon, you are forgetting about the "fair use" provision of the US copyright laws, which will likely be used to show it was legal for him to use it"

That would be extremely unprecedented so i'll assume you have no idea what you're talking about.

Posted by: Jonathan [TypeKey Profile Page] at June 1, 2006 04:37 AM

No it isn't. Its actually rather clear. And its not unprecedented, theres existing case law on the books in regards to this.

----------------------

§ 107. Limitations on exclusive rights: Fair use
How Current is This?

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

Posted by: axis [TypeKey Profile Page] at June 1, 2006 05:41 AM

2003 -- Sgt. Damon is wounded and, later, interviewed by NBC's Brian Williams.
Winter 2004 -- Michael Moore creates "Fahrenheit 9/11," includes video footage of Damon interview with NBC, with the network's permission.
Approx. April 2004 -- John Gonsalves founds "Homes for Our Troops" with intention of building a home for Damon.
June 2004 -- "Fahrenheit 9/11" is released.
July 2004 -- Gonsalves and Damon's wife quoted as objecting to his news clip being used in F911.
October 2004 -- Damon appears in "FahrenHype 911."
December 2004 -- Ground is broken for Damon's new home.

Notice how Sgt. Damon does not utter a complaint or suit until after he gets his free house.

Posted by: Lilly MacGreevy at June 1, 2006 06:52 AM

I am not sure if it was or was not a violation of the law to reuse the interview. However, to me it’s the ethical (maybe legal) issue of using an interview and distorting the content of the interview by “clever” editing. Even you liberals must admit Moore walks a fine line with his editing techniques and in this situation he crossed the line.

Posted by: GoWest at June 1, 2006 10:11 AM

Some of the liberals responding on this post don't have a clue. They babble on without any facts. Peter was upset because Michael used the footage out of context. The way the shots were spliced, it implied that Peter left he was left behind by the government. It doesn't have anything to do with Public Domain or anything like that. In an interview on Hannity and Colmes, Peter talked about when he was filmed. He was heavily medicated and getting ready to go into surgery. He reports very positive support from the government after his accident. And reported that other soldiers at the hospital wanted to go back to Iraq. Initially all Peter wanted was an apology from Michael. He tried for two years without any reply. Cowards rarely reply. Anyone can cut and past things out of context and idiots will believe anything they want. Liberalism is a mental disorder.

Posted by: Neil Curtis at June 2, 2006 09:07 PM

I'm sorry, but regardless of fault here, $85 million for a brief, misleading appearance in a movie is far too much. Damon is just feeding the system of overpriced frivilous lawsuits. Think about it. You could buy a bloody yacht several times over for "emotional damage"? Please. It was a 10-second clip.

Posted by: Laura Little at June 3, 2006 08:17 PM

I am not sure if it was or was not a violation of the law to reuse the interview. However, to me it’s the ethical (maybe legal) issue of using an interview and distorting the content of the interview by “clever” editing. Even you liberals must admit Moore walks a fine line with his editing techniques and in this situation he crossed the line.

-- Possibly, but news crews do it all the time, they edit and truncate interviews to make it fit into the viewpoint that they are reporting from.

Posted by: axis [TypeKey Profile Page] at June 3, 2006 11:56 PM

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