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The Poverty <strong>of</strong> Civil Libertarianism<br />

56 Los Angeles Times F1 (March 24, 1992). Twenty years earlier Nancy<br />

Sinatra lost a lawsuit against Goodyear for dressing up a blonde in a<br />

miniskirt <strong>and</strong> go go boots in a commercial for a tyre called the Boot. Since<br />

the Midler victory Tom Waits won $2.5 million against Frito Lay <strong>and</strong> its<br />

advertising agency for imitating his voice in a jingle for Doritos. Infinity<br />

settled with Chris Isaak for using a guitar riff almost identical to his hit<br />

song "Wicked Game." New York Times s.2 p.23 (July 5, 1992). Did<br />

"Honeymoon in Vegas" pay the King's estate for permission to film the<br />

finale in which the Jumping Elvises sky-dive into the city?<br />

57 New York Times B1 (April 21, 1922).<br />

58 New York Times s. 1 p. 12 (April 19,1992). Litigation is pending between<br />

the editor <strong>of</strong> the two-volume, 1750-plate "Facsimile Edition <strong>of</strong> the Dead<br />

Sea Scrolls" <strong>and</strong> the Israeli editor who claims a copyright on the 2000year<br />

old manuscript. Los Angeles Times B4 (October 3, 1992).<br />

59 New York Times s.2 p.26 (April 12, 1992). The North American s<strong>of</strong>tware<br />

industry estimated that $2.4 billion was illegally copied in 1990, compared<br />

to sales <strong>of</strong> $5.7 billion. Codes that prevented copying were<br />

eliminated because they interefered with loading programmes on hard<br />

disks. New York Times A1 (July 27, 1992).<br />

In 1991 the National Institutes <strong>of</strong> Health sought patents on thous<strong>and</strong>s <strong>of</strong><br />

gene fragments, even though their functions were unknown. The Office <strong>of</strong><br />

Patents <strong>and</strong> Trade Marks rejected the application, <strong>and</strong> the Department <strong>of</strong><br />

Health <strong>and</strong> Human Services was considering resubmitting. Now both its<br />

General Counsel <strong>and</strong> numerous scientists (including Nobel laureate<br />

James Watson) have advised against this for fear <strong>of</strong> slowing the human<br />

genome project. New York Times A16 (October 8, 1992).<br />

60 New York Times A1 (December 11,1991) (making it easier for victims to<br />

sue criminals for their pr<strong>of</strong>its). When KLM Productions paid high school<br />

student Amy Fisher $60,000 for the story <strong>of</strong> her shooting <strong>of</strong> Mary Jo<br />

Buttafuoco, with whose 39-year-old husb<strong>and</strong> Amy claimed to have a<br />

year-long affair, Ms Buttafuoco sought to seize the money before Ms.<br />

Fisher could use it for bail. New York 777nesA16(August7, 1992). A New<br />

Jersey judge has imposed a lien on any money paid for the story <strong>of</strong> the<br />

convicted kidnap-killer <strong>of</strong> the Exxon <strong>International</strong> president. New York<br />

Times A13 (October 7, 1992).<br />

The market naturally resists such regulation. Networks base 35-40 per<br />

cent <strong>of</strong> the movies they produce on real events, paying informants as<br />

much as $125,000. NBC's senior vice president for movies received<br />

seven pitches in a single day for the Amy Fisher story. "One agency called<br />

<strong>and</strong> simply said they were <strong>of</strong>fering the L.A. riots. I said, what exactly are<br />

you representing?" HBO Pictures bought the story <strong>of</strong> a Texas mother who<br />

hired a hit man to kill her daughter's rival on the high school cheerleading<br />

team; an executive said "we're going to do it as a dark comedy." New<br />

York Times C1 (June 15, 1992).<br />

Richard Nixon is still suing the government for payment for some <strong>of</strong> the<br />

70

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