In response to the cease and desist, Betr issued a statement to Variety that cites previous copyright-infringement lawsuits filed against HBO in relation to “Ballers” and “Six Feet Under,” both of which HBO won.
“HBO owns ‘Entourage.’ It does not own Jeremy Piven and Adrian Grenier. When HBO was sued over ‘Ballers’ and ‘Six Feet Under,’ it told the courts that Miami parties, celebrity lifestyles, and fast-talking characters belong to everyone. It won that argument. Now that it is the one complaining, those same elements have become HBO’s sole and exclusive property. HBO cannot have it both ways, and it should not expect anyone to take its letter seriously when it is arguing against itself.”
The letter notes that in a 2016 lawsuit, HBO argued that “Miami, lavish lifestyles, professional athletes, parties, boats, VIP settings, flashy cars, and a fast-paced, party-driven mood” were not “protectable expression.” Per Betr’s attorneys, “What HBO called stock as a defendant it calls ‘creative expression’ as a plaintiff.”
