Chuck Yeager in the news again.

[Randy Wilson]

Meurthe-et-Moselle.

Huh?

John, it is the area of France where the city of Nancy is located. Google Meurthe-et-Moselle. JDK was being humerous, I think. I for one appreciated it.

Randy

[Forgotten Field]

I respect history, and I respect Chuck Yeager for what he did. I am not a personal fan of his, and this is due to the way he treated some friends of mine in a public venue- it was pretty distasteful but I won't relate it here.

That said, I do believe that a person should be able to control their own public image. I understand about the statutory limitations here, but I have seen many, many people make hay with another person's image before and after their death and the individual and/or their estate not compensated one penny for that use. As a person who works and makes money off the artifacts of WWII, and feeling very humble about it, I am always very amazed at the depths of depravity that people will go to in order to exploit the personal glory of another. Major Dick Winters, of "Band of Brothers" fame, was so dogged by people trying to get in touch with him in order to get hold of autographs, endorsements, and the like that he asked a trusted personal representative to stop all people from contacting him about such things. What he wanted to do, and what he actually did before he passed, was share some of his wisdom and experiences and support troops who were going through some of what he went through in WWII.

No matter your personal opinion of any individual, that person should have a way to determine the fate of their own fame, glory, or notoriety unless gained through criminal enterprise in my view. And any deal they make with any individual should be governed by the same contract law as any other contract- if they are not satisfied, they should be able to revoke their deal. I'm not apologizing for CY by any stretch and I'm not point accusatory fingers at the prevailing party in the suit, but we should not be too quick to condemn people who want to take ownership of their own life's work.

[B25PBYGUY]

The case really hinged on an issue, of interest mostly to lawyers, about whether an entire website is deemed republished whenever an update to any part of it is made, or whether you are only liable for a statement on your website when you first post that statement.

The underlying merits of CY's false advertising and right of publicity claims were not decided, so this case does not provide guidance for anyone else out there who may be making commercial use of a pilot's name, likeness, airplane markings, or whatever.

Yes, indeed this is what's most interesting about the case.

For those of us that know the players, this whole issue seemed to begin when CY lost directional control of a T-6 (owned by the Bowlins) that careened off a runway. They were all good friends, and CY gladly participated in the aforementioned website. Not unlike, all the previous alienation that has transpired with CY's former friends, this relationship went south too. There is certainly a reason for this too.
Make no mistake, the Bowlins are first rate well meaning folks. It's sad that they had to endure such frivolity.

[P51Mstg]

Thanks August......

What he said .......

Mark H

[yankeepapa]

Meurthe-et-Moselle.

Huh?

John, it is the area of France where the city of Nancy is located. Google Meurthe-et-Moselle. JDK was being humerous, I think. I for one appreciated it.

Randy

à coté de Metz, an other military airport, nato then french air force, just to continue the joke.
YVES

[warbirdfinder]

Just in case some haven't met the Bowlins, it would be hard to find a nicer and more genuine couple. Both great accomplished pilots and they have always been very generous with their time. I am positive this law suit has hurt them more then just with money.

I couldn't agree more with the above statement made by mgeorge51

Having known them for over 20 years; as fellow Delta pilots, visited their home and flown one of their aircraft, you will not find a more honest, down to earth couple. I am certain they did not want this lawsuit and did whatever they could have to avoid going to court.

Mike Walton

[JDK]

Thanks August. So you conclude it's a tactic, and not (as PeterA's commented a genuine amnesia as the result of someone else driving the case in Yeager's name). if you are suing someone, being unable to recall anything on the stand is surely a pretty good way of torpedoing your own effort?

John, it is the area of France where the city of Nancy is located. Google Meurthe-et-Moselle. JDK was being humerous, I think. I for one appreciated it.

I'll be here all week. Try the Vins de Moselle.

That said, I do believe that a person should be able to control their own public image.

Certainly he has, and we're seeing the result. We can have all sorts of discussions about behaviour on WIX, and do; ultimately we are all responsible for our own actions first. And thus how they are perceived.

Regards,

[Robbie Stuart]

Just in case some haven't met the Bowlins, it would be hard to find a nicer and more genuine couple. Both great accomplished pilots and they have always been very generous with their time. I am positive this law suit has hurt them more then just with money.

I couldn't agree more with the above statement made by mgeorge51

Having known them for over 20 years; as fellow Delta pilots, visited their home and flown one of their aircraft, you will not find a more honest, down to earth couple. I am certain they did not want this lawsuit and did whatever they could have to avoid going to court.

Mike Walton

I can echo those sentiments. I have known Ed & Connie for a long time, & they are great folks. The last air show that I took my (former P-51 pilot) dad to before he passed, was in Peachtree City GA, & I was Crew Chiefing N51YS "Old Boy" that belonged to Steve Collins at the time. Ed did a routine in the show flying the airplane, & Connie was doing the MC work during Ed's routine. We talked about it before Ed took off, they decided to dedicate that routine to my dad, & let everyone know that they had a 111 Combat Mission 51 pilot there that day.
Dad always used to say you tell a real Mustang pilot if he could slow roll on take off, & guess what, I asked Ed to do it, & he did.
I think that was one of the most proud days of my life. It sure made my dad happy.
Robbie

[k5083]

Thanks August. So you conclude it's a tactic, and not (as PeterA's commented a genuine amnesia as the result of someone else driving the case in Yeager's name). if you are suing someone, being unable to recall anything on the stand is surely a pretty good way of torpedoing your own effort?

I don't really have any idea, but my reading of the opinion is that the judges concluded the deposition amnesia was a tactic, based on the surprise they expressed at the things he couldn't remember.

It wasn't "on the stand" where CY couldn't recall anything but in a deposition during pre-trial discovery in some conference room, which is an important difference. He no doubt was hoping to get on the stand before a judge at trial, where he would now remember and talk about all the things that were in his affidavit. The Bowlins' attorneys would try to impugn his credibility by asking why he hadn't been able to recall all this stuff at his deposition, and he would probably answer that he had been reading documents and thinking things over since then, and had remembered a lot (which is how he explained his affidavit). And maybe the judge or jury would see these lawyers beating up an an aged hero and give him the benefit of the doubt.

August

[DC3R4DC47]

Just in case some haven't met the Bowlins, it would be hard to find a nicer and more genuine couple. Both great accomplished pilots and they have always been very generous with their time. I am positive this law suit has hurt them more then just with money.

I couldn't agree more with the above statement made by mgeorge51

Having known them for over 20 years; as fellow Delta pilots, visited their home and flown one of their aircraft, you will not find a more honest, down to earth couple. I am certain they did not want this lawsuit and did whatever they could have to avoid going to court.

Mike Walton

i have met ,and seen them on the circuit and I concur with all of the above.

[marine air]

During the Whitewater Financial fiasco, in which Senate hearings were held, Hilary Clinton testified several hundred times "I do not recall." SHe had been an advisor, legal counsel, and investor in the Whitewater estate venture.
Except for Admiral Poindexter, during the "Iran Contra Affair" congressional hearings and trial, a person is not expected to possess a photographic memory or in the Admiral's case, "Total Recall" in a court of law. His recall of every event, and conversation, to the exact word and sentence was legendary.
"Ollie" held his ground okay, too.

[P51Mstg]

Whitewater is different...... That was a criminal case. Maybe she couldn't recall, not to mention you have no idea how detailed the questions are.

An example for a pilot would be.... On May 14, 2002 (10 1/2 years ago), you were PIC on flight from A to B, do you recall if you checked the ATIS BEFORE or AFTER you called ground control? Answer BEFORE... Are you sure? Not really, but most of the time I call BEFORE. Do you RECALL OR NOT? I don't recall.... Hence its easy to rack up a couple hundred I don't recalls.....

In a civil case that you initiate, YOU should know the basic facts of the case BEFORE you get a lawyer to file it.... Yeager didn't......


Mark H
(BTW headed to the house in Kingsport on Friday, been up here for a few weeks, can't wait to get back home)

Last edited by P51Mstg on Tue Nov 27, 2012 11:13 pm, edited 1 time in total.

[Robbie Stuart]

Deleted Sorry about the rant.

Last edited by Robbie Stuart on Wed Nov 28, 2012 8:43 am, edited 2 times in total.

[John Dupre]

Meurthe-et-Moselle.

Huh?

John, it is the area of France where the city of Nancy is located. Google Meurthe-et-Moselle. JDK was being humerous, I think. I for one appreciated it.

Randy

Now I get it! Thanks. Having a dense few days.

[PinecastleAAF]

Except for Admiral Poindexter, during the "Iran Contra Affair" congressional hearings and trial, a person is not expected to possess a photographic memory or in the Admiral's case, "Total Recall" in a court of law. His recall of every event, and conversation, to the exact word and sentence was legendary.
"Ollie" held his ground okay, too.

How did that work out?