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Live free or die copyrighting your own name.
Bow man who copyrighted name faces more jail time
CONCORD, N.H. (AP) — A man who says he copyrighted his name and claims people must pay him $500,000 each time they use it faces more jail time for filing frivolous liens against lawyers and public officials.
A state Supreme Court justice will decide this week whether to impose a suspended sentence on Ghislain Breton of Bow after Breton threatened to file a new round of liens. Justice James Duggan heard the case on Friday.
Breton, 40, a former carpenter, claims that people must pay up each time they use his name. He filed liens for millions of dollars against the lawyer and state officials who handled his divorce.
Liens are easy to file in New Hampshire and don’t require a judge’s signature. But removing them can be costly. The tactic is promoted by anti-government groups.
Breton’s already serving 18 months in the Merrimack County jail on the first round of charges. He faces up to seven more years in jail after refusing to promise that he’d stop trying to file new liens.
Breton has said his legal fight is an attempt to regain custody of his four daughters.
"My thinking was that you were being led along in this enterprise by other people and that you were not very serious about it," Duggan told Breton. "And frankly, there are a lot more dangerous people in prison than you. But you are serious."
Prosecutors said the liens temporarily prevented one woman from selling her house and dissuaded another from getting a loan for her child’s college tuition.
Last month, the attorney general’s office won a temporary restraining order preventing the liens from being placed, partly because Duggan, prosecutors and a state investigator received notice that Breton intended to file liens against them, too.
"This has taken over your life, Mr. Breton," Duggan said. "Before you got yourself into this mess, you were a hardworking man ... and a family man."
User Comments
(These do not necessarily reflect the beliefs of this site)
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awehr
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Date: November 23, 2004 @ 4:50 AM
Long ago this was ruled illegal in courts.
It was used in previous decades as a method by prisoners to harass the penal systems in which they are incarcerated, as well as judges, lawyers, and others connected to their prosectuion.
Even if congress were to copyright air, person's names would still not fall under IP protection. |
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awehr
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Date: November 23, 2004 @ 4:52 AM
I would like to add, however, that because of the expense and time in gaining a summary dismissal, along with statutes which cause discomfort to defendants of a suit merely for accusation, people still bring these actions simply to be thorns in the sides of their foes, particularly when they have nothing left to lose. |
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directive
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Date: November 23, 2004 @ 10:32 AM
Though this guy may sound like a wacko, i would seriosly study what he thinks and read more about him than just this article.
Many americans are following a process called "redemption" and wether or not its right, its happening.
Also, probably one of his beliefs is in the money system, and that the feds create cash out of thin air and also money is created when we sign checks and are born because of out birth certificate. Something to look into. |
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awehr
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Date: November 23, 2004 @ 2:08 PM
No.. he's not a wacko.
There are seriously growing numbers of people who make money solely from litigation against their fellow man.
one such man lives in my neighborhood. You can always tell when he gets his payouts because he uses the money to restore vehicles. |
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TheSherminator
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Date: November 23, 2004 @ 2:56 PM
"There are seriously growing numbers of people who make money solely from litigation against their fellow man."
That's not an argument against him being a wacko. That just means there's a growing number of wackos.
Hell, I don't really blame the guy. He's just living the way the US Government promotes living in this country. |
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JamesD2
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Date: November 23, 2004 @ 3:29 PM
I think he is doing exactly what the riaa has been doing, and now the mpaa. Filing stupid lawsuits that are a joke and a waste of time, but since the lawsuits are filed against people who normally file, we tend to believe he is a wacko. He is doing the exact same thing, copyrighting something that should be free to use, his name. Sure it is a twisted sort of logic but the same idea behind it.
James |
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MajorTreat
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Date: November 23, 2004 @ 4:35 PM
Since the RIAA is doing essentially the same thing, someone explain to me why Carry Shiitman and Baywol are not facing 7 years in prison. Shall we enforce this ourselves? |
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TotallyFrust...
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Date: November 23, 2004 @ 7:00 PM
Awehr....
Actually, the latest round of definitions includes the word "affixed". One would think that if he wrote his name on a napkin he would be off to agood start.
Then there's the whole Prince approach. Did not the labels hold his name hostage in search of another album? Did he not have to abandoned it for a time or face contractual breech issues? If one's name can be used as a trademark (Goodrich, Kelly, Tyson, etc.) why not a cooyright?
Not long ago, in this very forum, there was an article about a woman who sued over the use of her name in a rap song because of a perceived damage to its value. And there is the whole domain name thing where domain names are being returned to the "rightful owner" (as apposed to the person who paid the fee to register it).
Maybe not so wacko?? |
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mroop
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Date: November 23, 2004 @ 7:17 PM
"No.. he's not a wacko."
You are still an idiot.
"Then there's the whole Prince approach. Did not the labels hold his name hostage in search of another album? Did he not have to abandoned it for a time or face contractual breech issues?"
No and No. |
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gdZiemann
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Date: November 23, 2004 @ 7:19 PM
That was Rosa Parks, who is a legitimate historical figure, unlike the Rosco in this case. |
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awehr
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Date: November 23, 2004 @ 7:23 PM
Ok.. first.. the rap song suit: this could potentially be considered defamation in a conservative court.
second.. prince.. it was a trademark "product name" of the music.. if they changed it to "wendel" the public would say a collective "whaaa???" |
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mroop
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Date: November 23, 2004 @ 7:35 PM
It is so sad when you try to play expert. You don't have a clue. Clown. |
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Accipiter777
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Date: November 23, 2004 @ 8:21 PM
Ghislain Breton, Ghislain Breton, Ghislain Breton, Ghislain Breton, Ghislain Breton! |
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CodeWarrior
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Date: November 23, 2004 @ 9:24 PM
Let's see...someone comes up with a unique piec of "intellectual property" and then asserts that if you reproduce it , or use it, without their permission, they can sue you for a giant amount of money....
YUP...seems nuts to me! |
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CodeWarrior
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Date: November 24, 2004 @ 7:13 AM
typo piec=piece
:) |
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