I'm not a lawyer, and I'm not an expert on the case, but from what I've read, it's not as cut and dry as you are saying. See here: [www.comicsbeat.com]
Agreed. No one went to see Crank because it was fine cinema. You went to see it because it was insane. Like the Godzilla monster fight in Crank 2, there was no way to predict what would happen.
It might not be the best movie you see all year, but it will be fun and it will surprise you.