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The site they're talking about seems pretty harmless (and even a little immature), but I guess the case isn't about one particular site as it is about setting a precedent. Still, I think it's kind of silly that a bunch of high-powered lawyers spent so much time arguing about a Barney parody page.

I'm glad the EFF won, and I'm glad the EFF exists, but there have to be more important problems to spend time and money on than this one - like human rights and hunger, to name a few. Nothing against the EFF... it's just that this whole case rates a 9 on the WTF? meter.

Are you sure you understand what you're dealing with?

(I get bonus point for using the actual website the case is about)

> Yes, satire is protected, but the use of copyrighted images is not.

Using copyrighted images as part of a parody is, and has long been, completely lawful under the doctrine of fair use and requires no permission from Lyons Partnership.
etc. etc.

legal analysis by EFF: http://dustyfeet.com/evil/legal2.html

he put up a new page "revised to include Barney's lawyers. But blaming the attorneys is like blaming the parasite for the host. Sometimes parasites can simulate independent action, and the more short-sighted ones can damage or even kill their host, but the prime mover in this case is no doubt Barney itself." http://dustyfeet.com/evil/parasite.html

Stuart (me) says:

As of this writing nobody has heard back from the Barney lawyers. This is scary because their letters were obviously sent automatically, and when the computers finally do take over, it's not going to be by controlling the power grid but by sending out legal notices. So the process may have started at Lyons' lawyers. Either that or they're all pod people.

And, yes, it's unethical for the lawyers to contact me directly after I have an attorney of record in the case and, yes, we've filed an ethics complaint about that.

And, yes, the whole thing is ridiculous, which is why I put a little explanation on my home page, namely:

" This is my little corner of the web, and the bullies can't have it. There's nothing more to it than that. "

And that's all there is to it.

Stuart Frankel

---
i have a very small website
http://dustyfeet.com/

Pet Manimal angry too. Link was submitted to Slashdot in morning (seen on EFF website) but Zonk human stripped it out for unknown reason. Maybe he not parent and no get joke.

What pisses me off is /. didn't link to the site, and the article didn't link to it either. Either they are all afraid of getting sued, or they don't want me to SEE the actual site and make up my own mind whether the site is "parody" (fair use), "satire" (not fair use) or something else.

I did finally find it at this address and did a whois to make sure the domain is owned by Stuart Frankel. Not much here except some dead links (other threatened sites?) and what appears to be Fair Use to me, but IANAL.

Couldn't find it in the linked article, found it on EFF page:
original site
site after complaint

Couldn't find it in the linked article, found it on EFF page:
original site
site after complaint

That's the original site, the current is here for the intro, and here for the current saga.

Stuart may relate this on his page (it's been a while since I read it), but from talking to him it basically has escalated, and they chose to sue, because despite an order to only contact him through his lawyers at the EFF, Barney's folks have continued to mail him nastygrams directly.

That's the original site, the current is here for the intro, and here for the current saga.

Stuart may relate this on his page (it's been a while since I read it), but from talking to him it basically has escalated, and they chose to sue, because despite an order to only contact him through his lawyers at the EFF, Barney's folks have continued to mail him nastygrams directly.

http://dustyfeet.com/evil/enemy.html

The letter: http://www.chillingeffects.org/copyright/notice.cg i?NoticeID=2476 Link to site found in letter: http://www.dustyfeet.com/evil/enemy.html