The judge also rejects Terry’s theory that his protected “likeness” gave him a vehicle to sue Fox because a character in a television show was like him. (According to one review for Terry’s book, The Setup: Memoirs of a NSA Black Operation, the author claims the NSA is capable of mind-control.) “Further, that Nix never read ‘The Setup.’ Nix created Burn Notice without input from Terry the characters in Burn Notice are purely fictional.”
“Fox’s evidence showed that Burn Notice creator Matt Nix never met Terry, and never heard of Terry or his memoir ‘The Setup’ prior to Terry’s lawsuit,” writes the judge. STORY: ‘Burn Notice’ Creator and Stars Reflect on Road to 100 Episodes In an opinion on Wednesday, appellate Judge Patricia Bigelow affirms the lower court’s reasoning that Terry can’t demonstrate that he has a probability of prevailing against Fox. His attempt at reversal was grounded on Terry’s reasoning that Fox “did not deserve to win.” Still, a California appellate court had to entertain it. He then failed to survive Fox’s motion to strike the lawsuit at the early stage. He sued for misappropriation of his “likeness” and prayed for injunctive relief.
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STORY: ‘Burn Notice’ Creator Reflects on Seven-Season Run, Talks Series Finale’s Big DeathĪccording to a $500 million lawsuit brought by Michael Terry against series producer Fox Television Studios, certain experiences of the Michael Westen character were “very much like” certain experiences of his own.
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