Slashdot Mirror
F*cked Company Cease-And-Desisted
cecil36 writes "Visitors to F*cked Company (FC) were greeted with a cease and desist letter from
Idealab!.
Apparently, Idealab! is suing FC over the use of the logos of the companies that they own. FC is countering with fair use, stating that these companies have a bad financial record, and FC is making humor out of their situation."
Whatever. Wake me when this one is over. Oh, and a caution to sensitive readers: click any nearby links and you will be forced to read the
most foul
of the
foul words
(you can't tell what I'm talking about, can you?, because I have cleverly inserted an asterisk to disguise the actual word).
Hurray! Call me lame *you're lame!* but I'm happy that I can get my Fucked Company fix from work again. I didn't realize they had www.f---edcompany.com as well. Very cool.
Yeah, can do...
Socratic irony is the pardon arriving right after you just drank the hemlock.
glad to be of help...
I have cleverly inserted an asterix to disguise the actual word.
Well Clever you!
By the way, I believe that would be "asterisk".
- A.P.
--
* CmdrTaco is an idiot.
"Remember when the U.S. had a drug problem, and then we declared a War On Drugs, and now you can't buy drugs anymore?"
I was never entirely sure what the difference between irony and socratic irony is... could you explain it for me?
Re-read my post - that is what Socratic irony is. Feigning ignorance in asking someone to answer a question, in order to demonstrate that they don't know the answer. I really like the hemlock definition, though!
What's the matter with you people?? You have censor not only the site name (fuckedcompany.com) AND the goddamn URL??? (http://ww.f---edcompany.com) You have GOT to be kidding me. Here we are, visiting the one site that is supposedly fighting against online censorship and privacy viloation, yet you're still a bunch of pussies who can't even put the work FUCK FUCK FUCK in your damn HTML?
You guys disappointed me today. Really. This is not flame bait. I am really pissed. You guys suck.
I personally! would not! trust any company! that insists! on using! punctuation! as a vital! part of their comapany! name! (period). This should! be a reason! itself for being! added to F*cked! Company's listing!
:-)
Get F*cked, Idealab!
sure, their public image may suffer. But f---edcompany.com has no obligation to make Idealab! look good. FC has a Constitutionally protected right to freely speak their mind about what they perceive as idiocy on the part of Idealab. They can make Idealab look like a bunch of utter morons if they want - that's the joy of free speech. Now, they can't go saying things that aren't true (i.e. libel), but other than that they have every right to parody. Whether or not Idealab's investors like the situation is really irrelevant - they can bitch and moan all they like, but it's not illegal or even (IMHO) immoral to point out what you see as stupidity.
This includes making a parody of the logo (totally legal, ethical). IANAL so I dunno if using the *original* logo is legit under trademark law...I suspect it's not judging by past cases (in particular, there was an Intel parody site that was using the logo...they were forced to not use it - so they flipped the 'e' in the name backwards, and it was then legal)
The logo is public knowledge and disseminated as such for identification. Statement of fact, is a fundemental part of the first amendment. Trademark and copyright do not come into it. Yawn.
Often wrong but never in doubt.
I am Jack9.
Often wrong but never in doubt.
I am Jack9.
Everyone knows me.
Which idealab! property is being confused with Fucked Company? The only logo I know of that's at all similar to the Fucked Company logo is that of Fast Company, and I don't think they are owned/connected to idealab!. And even if they were, thanks to model citizens like Larry Flynt, parody is pretty well protected legally.
So basically,what the hell is this all about?
Yours truly,
Mr. X
This is covered by fair use. That doesn't prevent companies from trying to bluster people into stopping doing things they don't like. Pud should just send polite replies pointing this out, and otherwise ignore the cease-and-desists.
As far as the Fucked Company logo issue goes, one word. Parody.
Yours truly,
Mr. X
You can read right?
FuckedCo!
IdeaLab!
Hmm.. it makes me sad that my tax dollars go to a public school that educates people who can't distinguish between the two words.
nerdfarm.org
Dacels Jewelers can't be trusted.
Flock() is much funnier than fsck, maybe just because fsck is way overused.
I equate the guys who use fsck to swear with the same guys who repeat the same non-funny Monty Python Holy Grail lines over and over...
Ok, they're funny, but not "repeat them every day" funny.
"And I'll have you know that the castle scene filled with the young maidens lended itself to many a lonely night's fantasy in my early teen years."
Too much information!
But I'll admit the "Oral Sex" line right before the scene change makes me laugh every time though..
Obelix was cooler. Kind of goofy but cooler none the less. And they were Gauls ;)
"Fighting the underpants gnomes since 1998!" "Bruce Schneier knows the state of schroedinger's cat"
There is no single word to make a white male's jaw drop. However, there are certain phrases that are virutally guaranteed to generate dramatic responses...
is a protected element of "free speach"
This allows political humour , celebrity humor , editorial and editorial cartoons.
This is getting really really out of hand.
Oh, it's too bad this didn't happen last week... For about a week I had been getting spammed by someone claiming to work for idealab!, and how much fun! it! is! They were having a recruiting party at some bar near MIT. Since I assumed it would not include a free and open bar, and be full of slimy "internet incubator" types, I went elsewhere. But this would have been great - getting sloppy drunk and interrogating everyone there about why they were suing! Until I were forcibly removed, of course...
I dunno, but their "cease and desist" letter is utterly illegible, due to their having a "!" on the end of every instance of "idealab".
.|` Clouds cross the black moonlight,
Fuckwits.
~Tim
--
~Tim
--
Rushing on down to the circle of the turn
You misspelled "Browne" There's an "e" on the end.
(Just trying to be funny).
------- Driver carries less than 64K of cache.
Hmmmm.
:-)
I thought the most foul of foul words was "Belg*um." The gratuitous use of this word can cause convulsion, hysteria, death and other stuff. At least according to THHGTTG.
Sig-"Out beyond fields of wrongdoing and rightdoing, there is a field. I will meet you there." Jelaluddin Rumi
Theoretically, you can't use real trademarks in parodies. So, for example, using the Nike Swoosh or the Apple Rainbowapple in a parody ad isn't allowable under trademark law... which has very little fair use provision built in.
Now, if you were to parody the LOGO in some way, as well, you'd be all right. So if you had an iFruit ad, that's fine. It's got the reference that people can get without being a complete copy.
In its way, trademark law makes copyright laws look completely free. It's almost frightening.
----
Brazil has decided you're cute.
So how many points is it worth to predict F*ckcompany.com will get sued by a loser company?
couple things:
Xerithane, do you come from my home city? do i know you? if not, then you ain't paying for my schooling. it's sad to know someone who didn't learn in public school which tax dollars go where.
second, Flailey,
i was confused because i did what i thought was typing in "www.idealab.com" and got fc site, NOT because i cannot read. why is it that when someone isn't agreeing with the 'majority' they are somehow a "paid shill". i don't know either people who run the company from adam. i'm not anonymous--you see my website and email address above...i'm not affiliated with any of you or these other companies, i speak for myself. my guess however is that calling someone a "paid shill" is an easy way for you to dismiss whatever a dissenter says. please son, think before you post.
j.
at any rate, i could definitely see how idealab was misrepresented here. why in the world, right after getting in trouble with fast company would they go and rip off idealab for something as lame as a splash page anyway? is it the "cool factor" or recognition of getting in trouble with big companies? as much as i enjoy fc, my initial thought on this issue is "people grow up and be somewhat responsible".
j.
I'm confused, non-funny lines don't even exist in Holy Grail! :-)
And I'll have you know that the castle scene filled with the young maidens lended itself to many a lonely night's fantasy in my early teen years.
(Rate: -1 for being silly...)
I don't get this. Are things different in the US from here in the UK? Here nobody really makes any fuss about the word fuck anymore, which practically interperses speech on TV and film. The one word people still don't use, and which is definitely the most foul of the foul and still offends, it 'cunt' - does nobody use it in the US, or does it just not have the same impact it does here?
http://slashdot.org/comments.pl?sid=00/09/11/23412 50&cid=120 contained a relevant point regarding the origins of the c word, in an on topic discussion of comedian George Carlins `Seven Dirty Words' routine. Silly moderators marked me as a troll. Oh well.
Doh!
;)
Heheh, apparently he just does a generic find-n-replace on the http name without restricting it to link tags so I saw a doctored version of the cease & desist.
No, the Gauls were of celtic origin.
Cthulhu fhtagn!
I hope you don't mean ironic, 'cos Alanis Morrisette certainly didn't:
Like rain on your wedding day - Ironic? No. Pain in the ass? Yes.
Like a free ride when you already paid - Ironic? No. Bummer? Yes.
This is an example of irony:
The city transport secretary is late for a meeting about the city's traffic problems because he got stuck in a traffic jam.
-----------------------
Moderator's essentials
...or does idealab's website look like they ripped off one of apple's designs?
"Don't blame me, I voted for Kodos!"
You can say that, but you would be more accurate if you said that Ford doesn't know how to inflate Firestone tires to the specified PSI. This page gives a little information on that.
Are they just jumping on the litigation bandwagon or something because I can't see how people can confuse one site with the other. Especially with the difference in content. Do they hope to get money/free publicity (sort of the same thing) or what?
dnnrly
Regarding an earlier post about vulgarity in movies, I watched "Dumb and Dumber" in the theatre. If you watch it, you will note Jim Carrey's old lover was called "Freida Felcher". Absolutely no effect at all on the rest of the audience, I guess since felch probably has yet to penetrate [sic] the mainstream's vocabulary.
---
"And the beast shall be made legion. Its numbers shall be increased a thousand thousand fold."
-----
Cast a Cold Eye
On Life, on Death
Horseman, pass by
--W.B. Yeats' gravestone
Next they will say its illegal to download there content :).
--- Always remember. 99.36% of all statistics are inaccurate.
Nope. Firestone are only changing the recommended PSI AFTER the problem's come up. Maybe it'll solve it, maybe it won't, but the recommended PSI BEFORE the problem is exactly what Ford used.
Also, other Firestone tyres of the same type from other Firestone plants are OK. Ford say that they asked Firestone repeatedly if there were any problems being reported, Firestone said no, and it wasn't until it was blindingly obvious that something was wrong that Firestone owned up to Ford.
Difficult to know what's what with corporate finger-pointing though - it's all lawsuit-dodging. And this is all off-topic anyway.
Incidentally, you're perfectly safe to say that Firestone has made dangerous tyres. It is a provable fact that in normal running conditions, a recent batch of tyres have, when set up properly, failed in a way which endangers the lives of the occupants of the car. Therefore they have made dangerous tyres. To say that they STILL MAKE dangerous tyres is where you'll get hit...
Grab.
They`re not!
Actually, i think it would be more accurate if some companies were to use them more.
*_M_icro&soft?!
Judging by this copy of the FC logo and the Idealab! logo, the complaint was not that they were using a copy of the idealab logo as their own logo. Its not that they were saying that Idealab was a Fucked Company. Just that all the companies on the logo were.
Since they weren't actually using this as a criticism of Idealab, their case is changed completely from showing it in connection with the company, to their right to parody. Unfortunately for FC, they aren't on as firm ground here. US law seems to demand that parody is satirizing the material that was copied. They would probably be well within their rights if Idealab had screwed up all those companies, but since they haven't, and they seem to have been using it as their own logo, they can't claim the right to parody.
I looked around on f*ckedcompany, and then looked at idealab. I see absolutly no similarities. Their page does not look like idealabs.
Perhaps it does, in some esoteric way, resemble one of their affiliate companies. As far as I can tell, idealab doesn't own fastcompany. At least fastcompany isn't on their "idealab companies" list, and idealab isn't on fastcompanies list. And by comparing the two sites, they aren't even that similar. Yes, they both use close to the same color in their logo. But other than that, their color scheme and layout are different.
Perhaps idealab is talking about another company? If so, which one? They are very vauge, and it would take a bit of research on f*ckedcompanies part to figure out just which site they where infringing on...which isn't their job. As in a search warrant, idealab has to be more precise in their cease-and-desist if it is to stand up in court. Not this "you doing some stuff that's like some of our stuff" crap.
Maybe we DID take the blue pill. You wouldn't remember anyway.
Under the laws allowing parody Idealab! is out to lunch. The parody site is no more than Mad Magizine has been doing for decades. It dosn't infringe on Idealab!'s trademark at all since it is extensively CHANGED, i.e. *parodied*, rather than duplicated.
Idealab! seems to be complaining that the 'look and feel' of their 'logo', ( site layout really), is retained enough so that people know it's THEM that is being parodied. Give me a break.
The ironic thing is that F*cked Company IS in violation of various trademarks whose owners would have a legitimate right to complain, such as GoTo.com and eToys. THEIR logos remain intact and unparodied in the spoof page.
Idealab! is the ONLY one of the effected companies with no legal standing for a complaint.
They also appear to be humorless jerks. Go figure.
You S*r, are in grave danger of being called before a *ouse committie and being asked if you are, or ever have b**n a m*mber of the *********** political p*rty.
Freedom of speach gives him the right to be an asshole so long as his "assholeness" is restricted to his speach.
Free speach gives him the right to yell asshole things at trees falling in the forest with nobody to hear them, or on a crowded street where nobody cares.
Free speach ALSO gives you the right to mutter, "Asshole," and continue about your won business, which, as it happens, is just what the moderators did.
Moderation isn't censorship, * it's an expression of free speach!*
Got to admit, that christian review is almost funnier than the movie.
All that we see or seem is but a dream within a dream.
I love that site - watching the self-implosion of the dot-non-ecomony is just so entertaining, especially today's ironic report that DomainAuctions.com was auctioning, err, it's own address!
How fucking stupid do you have to be to confuse "fastcompany" with "FUCKEDcompany"?
What's so different about 'fuck' and 'fast?' Both concepts seem pretty related to me. I mean, when does it take longer than two minutes to--um...
Nevermind.
--
Actually, smiling at people on the street is subject to a cease and desist letter under US law. In fact, ANYTHING is subject to a cease and desist letter... it's just a letter! The letter has no legal significance EXCEPT for one small thing: after having received such a letter, the recipient cannot claim "I didn't know about it" as a defense. So they're used only in cases of IP infringement, where "I didn't know about it" is sometimes a valid defense. If you think that you have a RIGHT to use the image/text/soundbite/idea/whatever, then you can go ahead and use it despite having received the letter... however, if you consult a lawyer, then the odds are VERY good that they will advise you to play it safe and stop "infringing". But the letter itself has NO legal significance
@ some point even freedom of speech needs limits.
Freedom of speech REQUIRES that the individual be motivated to say something relevent or @ least meaningfull.
At some point there has to be a line drawn that says what is freedom of speech and what is static. This is what court battles are about, where the line is, for this socity today. (realising that the line will be different tommorow)
You crossed the line for the slashdot socity. Slashdot is not a social club. It is a news service, that allows people to post opinions. your opinions were found to be unwarented by five people (a sampling of the comunity). You were not Censored. You were told to grow up.
In short:
Freedom of speech DOES NOT GIVE YOU THE RIGHT TO BE AN ASSHOLE. It gives you the right to express yourself as long as other people are willing to listen.
Yes I can not spell...Wait....for a second there I almost cared.
"How so? It's free speech, not "free speech, as long as you follow our guidelines". Nowhere have I ever heard any definition of free speech that says someone has to be "relevant or @ least meaningfull""
Why not? if your comunication is disrupting the flow of communication by others is it free speech or Vandalisim. Why do you assume that your right to be heard saying googah is any more important that anyone elses right to comunicate. Esp if your saying gogah impeades the right of someone else to communicate.
"That's fine. But then don't go on pretending that you are all for free speech, when you can't meet that ideal yourself."
I can't and don't claim to be pro-free speech. Free speach usually ends up defending something like kiddie porn or the Turner Diarys, quite frankly I can't see the social benifit of either, I am however in favor of responsable speech.
And no that does not mean that you can say and do whatever you want.
Yes I can not spell...Wait....for a second there I almost cared.
See and I thought it was funny.
Ones mans fire & brimstone is anothers mirth I guess.
Ta
Yes I can not spell...Wait....for a second there I almost cared.
Can't Spell. Never Could
Yes I can not spell...Wait....for a second there I almost cared.
Great. Wonderful. In the United States there is a law.
But we were debating what "Freedom of Speech" means, not weather or not there was a law covering it....Or I am compleatly missing your point one or the other.
Yes I can not spell...Wait....for a second there I almost cared.
Case 1: Idealab! vs. FuckedCompany.com
Case 2: Digital:Convergence vs. flyingbuttmonkeys.com
BTW: I can't be the only one annoyed by strange punctuation used to get a trademark?
Just make sure to tell them that's why you decided against it.
At least they didn't use an octothorp.
134340: I am not a number. I am a free planet!
I'm glad someone else noticed that. Isn't that funny? I guess the only way for us nerds to get a date is to start a dating service dot com, and then put outselves up for sale...
I really think this has potential. Lets start http://date-a-geek.com, the internet's #1 place to find lots of dot com execs and high powered programmers that need a date!
Your catagories are: Executive, Ugly Executive, PERL Programmer, kernel hacker, and if you are really desperate (and not picky) Win32 programmer.
Maybe VA Linux will host the site.... whadda say, Taco... looking for a date?
Do you have Linux and a DotPal? Click here now!
I am also not a a lawyer..but what I remember from COM 101 (between naps anyhow)
_ en.shtml
There is a difference between libel and slander.
I found this link pretty quickly...
http://www.lsuc.on.ca/public/other_libelslander
I guess you can say "allegedly Firestone makes dangerous tires..." for sure...
i believe with slander you need to prove damages (firestone profits plummet as direct result of your comments)
*shrug*
Erik
Build Your Own PVR/HTPC news, reviews, &
Yeah, and two purple platypuses flew over Bill Gates' pet llama singing "Sympathy For The Devil" while chewing Porsches. In response, Bill stole 47.3% of RuPaul's wardrobe, sparking protests from Eric S. Raymond. This right before releasing WinME under the GPL.
- Juan, the criminal
...I just love that little Germanic guy!
--I assume full responsibility for my actions, except the ones that are someone else's fault.
> If you were an investor, would you really want
> to put in your hard earned money to a place who > (if you've seen the f*cked company website)
> almost declares its own upsoming downfall?
No - and that's what makes it legitimate to run
a website like this. As an investor would you like
companies which have performed badly to be able
to ban discussion or mockery of it?
The 'cease and desist' letter is a favorite tool of lawyers; they wield it like a big club. Anyone who's poor enough to be unable to afford any kind of lawsuit (i.e. most of us) will usually back down from a cease and desist just to avoid the hassle.
At Coach House Books we were using a 'Y2OK' logo last year on our CD-ROM, and the parent company that owns Playboy send us a c&d letter, claiming they owned the rights to Y2OK. Our lawyer pointed out to them that the phrase was all over the web and therefore well in the public domain, then told them to fuck off. They did. But it was a rare instance of victory in such matters.
----- Trapped in time. Surrounded by evil. Low on gas. --Army of Darkness
eToys is an IdeaLab company!
A year ago, eToys tried to bully etoy.com out of their domain, which has nothing to do with toys, and was registered much earlier than etoys.com.
When the public saw through their lame tactics they protested. eToys saw that the people aren't that stupid after all and had to back off.
So now a year later... They think we've forgotten all about their lame tactics and so the dog is back doing the same stuff... bullying other people even though they KNOW they have no case!
FUCK ETOYS FUCK IDEALAB !!!
Actually 'puke' is the most offensive word. Tell your girlfriend/wife/mother that her cooking tastes like 'puke' and she will suddenly become more offended than anything. (Note: Original joke by Jack Handley/Steven Wright.. I forget)
http://twitter.com/onion2k
...Fair F*ckin' Use?
-------------
-------------
The truth is out th- oh, wait, here it is...
It's almost as if the people at CAP are trying as hard as possible to cause a stampede to theatres to see that movie.
http://www.capalert.com/capreports/s out hpark.htm
Bible-thumpers shouldn't gibber so much. It attracts just the sort of attention they hate most. They'll never catch on, though. Heh-heh ....
A truly excellent pizza parlor is a delight unto the heavens. Treasure the sauce and the toppings!
Trademark law explicitly concerns only the likelihood "to cause confusion, to cause mistake, or to deceive". If you buy a "Coca Cola", you are not supposed to be getting some other product. But that doesn't protect Coca Cola Company from negative statements (as long as they are truthful). In fact, trademarks are just as important for identifying bad products as they are for identifying good products.
Trademarks exist for the benefit of consumers, to let them identify specific products unambiguously, both to associate positive and to associate negative attributes with the product. If a trademark lets a company legally protect its reputation and "goodwill", then it is only by delivering a good product and behaving responsibly.
The use on F*ckedCompany seems like an entirely appropriate use of the trademark, in line with the intent of trademark law: it unambiguously identifies which company a particular notice refers to.
The reason the word is considered disgustingly offensive is because male society has created it specifically to offend. It's specifically considered derogatory not just because of the nature of the area- I mean, you might call someone a dick, but it's much more offensive to call them a cunt- why? Because men have decided that referring to anyone in the female connotation is more offensive and derogatory. Thereby reflecting those same derogatory feelings onto the entire gender. And that is why the word is so fucking offensive- because that's how it's meant!
That's feck you idiot! H*rus - "Ooh, excuse me, I said: Why don't you suck my balls MR Garrison" -- S.P.
- if you love something, set it free; if it doesn't come back, hunt it down and kill it
oh, man
Hi Everyone --i gotta leak this email from our [Opensales.org] CEO
Some of you may have seen the recent front page of the F***ed Company humor site that mocks the idealab! front page, which includes a small graphic of an old OpenSales logo. The F***ed Company Web site people apparently didn't take the time to remove our logo--even though we're a software company that provides commerce solutions for a variety of businesses and not a dot-com with a business model no one understands. I'm as much of a fan of parody and humor as much as the next person and I also believe in free speech. I just like my satire to be accurate.
Best,
Bonnie
How fucking stupid do you have to be to confuse "fastcompany" with "FUCKEDcompany"? Anyone who confuses the two needs to be shot in the head. Morons.
- A.P.
--
* CmdrTaco is an idiot.
"Remember when the U.S. had a drug problem, and then we declared a War On Drugs, and now you can't buy drugs anymore?"
Today, IdeaLab! sent out a C&D letter an un-named parody website who's commentary apparently hit too close to the truth for IdeaLab!'s comfort. Severity: 30
Ooooh, you're in trouble now... you reverse-engineered jamie's incredibly powerful encryption scheme, obviously so that you can illegally copy /. headlines. I smell a DMCA lawsuit...
Teach your kids: "C++ made baby Jesus cry."
...that would be "felch".
--
Peter
I wonder whether idealab will sue Bainlab for the same reason? (hmmm, think I missed them off the lameness list... "a mistake I don't mean to dooplicate" - check Bainlab in mozilla... heh, they really 'get' this "web thing", ay!
"None are more hopelessly enslaved than those who falsely believe they are free." -- Goethe
I don't think that anyone can state anything about anyone or anything as "fact". You can say "it is my belief that: such and such". Or "it is in our opinion that: such and such". When criticizing people and products, you have to be extremely careful. Just as you have to be careful when naming products: You can name a drink "Slim Fast" but you can't name it "Dietary Drink" and then write under it "Slims you fast"... It's all about representations... I'm not a lawyer, though, but i did spend some time in advertising.
Do! they! realize! just! how! stupid! ending! your! company!'s name! with! a!
exclamation! point! looks! when! you! have! to! reference! your! company! in! print!?
...Almost as dumb as putting colons in product names...
--K
Mod down as Flamebait or Troll.
---
Was anyone else dissapointed to click through the C&D to find the 1dea7ab (no infringment there!) wasn't the fuck of the day
The whole fsck=fuck joke has never been very funny.
Not even the first time.
People can be assholes whether they speak their minds or not, and I prefer it when assholes advertize the fact to the world John Rocker-style instead of hiding their asshole actions behind bullshit rationalizations. It makes them that much easier to ignore.
Be careful - you can say two things:
a)Firestone sucks/is fucked.
No problem there, thats your opinion.
b)Firestone makes dangerous tires.
Be careful - better be able to back up your comment, otherwise that's libelous/slanderous (I'm not saying that it isn't *true*, but the second case u better be ready to PROVE it, and have a lawyer handy. Certain types of disparaging remarks will land u in court - and for good reason. Freedom of speech doesn't mean that u don't have to answer for your words).
IANAL
j
Right if the graphic in question is a parody, it is protected speech.
If the graphic in question is satire, it is not protected speech.
And of course, this is only within the context of intellectual property claims. Both satire and parody are protected in the context of whether or not the government is allowed to censor the speech in question.
Now, we part ways, the one case I can remember (regarding the satire of the O.J. Simpson trial told in the manner of Dr. Seuss) seemed to rule the other way. Then again, this was a jury trial so it might just have been an issue of bad taste that the jurors found more compelling than legal arguments.
have a day,
-l
As always, IANAL, but I believe the following to be correct. Please consult legal counsel before interpreting my opinion as the correct interpretation of law in your locality.
Within the context of using other people's copyrighted intellectual property, satire is not a protected form of speech in the US. Parody, on the other hand, is.
What's the difference? According to Webster:
satire. n. a literary work in which vices, follies, etc. are held up to ridicule and contempt.
parody. n. a farcical imitation of a literary or musical work or style.
OTOH, both parody and satire are protected forms of speech in the context that the the government cannot censor them without trodding on the bill or rights.
So there are two seperate issues here.
I think 'cunt' is only the most offensive among the female population. I'm guessing because to many of them became proud of the other derogatory term 'bitch'. Those who could be defined as 'cunt's have no sense of humor either. Like that time I sent the ticking clock to the abortion clinic; they just didn't get the humor in it. Ah well. *thats a joke, laugh!*
There are for most segments of the population a word which is the most offensive for that group. 'cunt' being for females, whereas blacks are none to fond of hearing the word 'nigger' out of the mouth of a white person. I haven't figured out the word that most offends white males to a degree that they 'gasp' in a state of shock like those other words cause. *shrug*
-- Greg
Slashdot, would a spell-checker for posting be too much to ask? It's not rocket science!
Maybe they should've taken out the "idealab capital partners" label there.
"If you look 'round the table and can't tell who the sucker is, it's you." -- Quiz Show
I prefer to use flock() myself...
Also, a C&D letter doesn't absolutely confirm that the sender is a bunghole, but it's at least a heads up that they might be.
--
This has nothing to do with censorship.
The use of * instead of 'u' in the title of this article is, I presume, a courtesy to those who do not enjoy profanity on their homepages when they log into the Internet at work, etc.
- Michael T. Babcock (Yes, I blog)
My friend just found out that he was listed in the cease and desist by creating a personal perl script that parses that site and replaces those particular 'u' characters with '*'. Supposedly he only set it up for the three of us but its in the letter...interesting.
http://www.zuhause.org/cgi-bin/fcproxy.pl
Has anyone else ever used this link to view the site?
-Vel
Sh*t, I never knew the *nix was a dirty word all this time.
Can your IM do this?
"Your freedom to swing your arm ends where my nose begins."
--John Stuart Mill
The fact is that even commercial ventures may assume an identity. Trademark law is one such effort to give the machine that is a corporation a name. Likewise, these corporations must defend their names much in the same way you or I might have to do with our names.
Because I am still researching, I have only a simple understanding of this topic, but... here goes a try.. it most certainly won't be a hole-in-one!
We are given the freedom of speech in the form of the First Amendment of the United States Constitution, one of ten which make up the Bill of Rights. Throughout its existence, the wording of the First Amendment has not been modified; the meaning, however, has--based on numerous interpretations. Our Supreme Court has heard many cases involving Free Speech issues, each introducing new complexities, eaching requiring and interpretation of the Constitution so that it may be applied to the said case.
Ok, this is where i decided that I would be lazy and give up on typing this out (anybody wanna finish?).. I leave you with the following:
-Andrew Dvorak: Slashdot Critic
I can't believe they put Pixelon in there!! They are ruining Pixelon's good name-- I'll have to sue.
Note to the Clue-Impaired: Pixelon was the company which turned out to be run by a con man, who spent 20 million in VC before people caught on that his 'revolutionary streaming video technology is actually windows media player. Let's see if they send a C&D.
I'm just racking up the FC points by betting on FC! Severity: 50, Points: 125!
So I guess they are getting them on utilize (what service do f*ckedcompany offer...humour)? Is this really US Law? Is it the simple case that any use of any copyright image is illegal and subject to cease and desist? Can the companies who have topics on /. place the same cease and desists?
It seems like f*ckedcompany.com is down at the moment so I can't get in to look at what they had but I really would have thought the words "Fair Use" and "Free Speach" would cover this quite easily. If not I guess F*ckedcompany is a F*ckedcompany themselves.
Never underestimate the dark side of the Source
Comment removed based on user account deletion
From the idealab! letter:
In addition, your infringing use also dilutes the distinctiveness of the idealab! web site and numerous logo designs by trading upon the goodwill and reputation that the public associates with these designs.
Looking at it from the perspective of idealab! its actually a viable concern that their own public image will suffer as a result of f*ckedcompany using a modification of their logo.
If you were an investor, would you really want to put in your hard earned money to a place who (if you've seen the f*cked company website) almost declares its own upsoming downfall?
I think in the spirit of simple mockery (i.e., mentioning idealab! in one of its lists of the doomed) using the name and maybe even the correct logo is ok, as long as it stays associated with the correct company and is not modified... but using the logo as they do f*ckedcompany is guilty of being a collective jerk.
You're missing the point.
That's much more than a law. It's the First Amendment to the Constitution. It is the basis upon which our society is built. The instant we begin to pick and choose what speech is covered, we begin to erode the foundation of this nation.
It scares me to think how often this argument has to be made. OTOH, 'Freedom of Speech' means being able to say 'We should limit freedom of speech.'
Browser? I barely know her!
This topic has been covered so many times that this entire thread should be modded down as redundant.
Browser? I barely know her!
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Browser? I barely know her!
Axel
Axel
mhm23x3, alt.fan.karl-malden.nose
Fair use is extremely powerful, but it must be used with caution, because those who claim it must be able to justify that their use is not infringing on the market of those whose material they use. There are several tests for "fair use" which include whether the user is making money, whether they are taking marketspace, and so forth. This present situation is dangerous, as are all copyright violations, because freedom of speech is at the core, but money is intertwingled, which makes the law ACTUALLY QUITE SIMPLE, but lawyers get creative with it nevertheless. Supreme Court won't even look at a case like this until ten or fifteen similar ones have been proposed to them, since the the current body of law is pretty full on the issue. Disclaimer about law: One "good" lawyer can stop the bullshit of a thousand typical lawyers. It's just that there's only one per ten thousand who currently qualify.
information is immaterial
Say for instance you go to a weight watchers meeting (mostly women I have noticed) and asked the participants if Fuck is the most foul of foul words. Most will probably say yes, until you also mention the word Cunt. It has been my experience that Cunt is the foulest word of all (at least here in the US)
Any one else agree with me that Cunt should be labeled as the most foul of foul words?
How many men does it take to open a beer??
None.
In my experience, the c-word is indeed the only word in the English language virtually guaranteed to offend everyone present. I've yet to bring the word up in conversation and not have everybody offended. In high school, I used to get a game going by saying I could offend every woman present with just two words. The first, douche-bag, would offend about 95% of those present. The smug looking remaining five percent would almost inevitably gasp in unision when I uttered the dreaded c-word.
I've often wondered what makes it so profane.
A far as the f word goes, its decline as a 'shocker' is perhaps due to the current prevalence of its presence in media of all types. Once you hear a word 10,000 times while sitting through a single action movie, it just doesn't have quite the same impact as it used to.
Hopefully movie-makers won't catch on anytime soon and some words will continue to offend....
regards,
-l
Freedom of speech absolutely gives him the right to be an asshole.
It gives him the right to express himself even if nobody wants to listen.
It does not require him to say anything relevant, meaningful, or even truthful.
That being said, Slashdot certainly has the right to ban any user for any reason, even feeding trolls.
Browser? I barely know her!
IANAL, but my second cousin plays one on TV.
--
IdeaLab! is not suing just yet, but it is going through the procedure to get their name removed from the page. This includes a formal warning that FuckedCompany.com is potentially liable for infringements on certain aspects of IdeaLab's IP.
The formal filing of a complaint does not take place until later, if FuckedCompany.com (or the guy who runs it, Pud) does not comply with a written letter and IdeaLab decides the case is worth fighting in courts.
If IdeaLab is going under and trying to gain additional funding, however, they would not want to further the humiliation by formally suing about having their company posted, causing more publicity to the fact that they are, well, fucked.
The other thing to consider is their ability to sue - if much of IdeaLab's venture capital is contained in their fixed assets (e.g., computer stuff) and maintaining their employee overhead, then they will not have the ability to do more than send off threatening letters. A threatening letter costs ~$200 from an attorney; a lawsuit costs much, much more... and not only in terms of money.
Lucas
--
Spindletop Blackbird, the GNU/Linux Cube.
Unfortunately, IANAL, but as far as I know there IS NO exception for "fair use" built into TRADEMARK law. Which is what this is. So f*ckedcompany should create a parody of the logo, and use that. This IS protected by fair use.
-- Michael Chermside
I am t*red of my r*ghts being trampled. Seems all oru p*liticians are trying to c*nsor the web. I can't say "f*cked". Wh*t's n*xt? Soon any w*rds, th*ughts, expr*ss*ons are g*ing to b* c**sored because my *deas don't happen to agree with people like J** Lib**mann and T*pper G*re. I'm going to do the only thing I can in a d*m*cracy. I'm v*ting for the candidate ***** *. *****. I hope that by joining the *********** party, I will be doing something to preserve **** speach. Thank ***.
This is the URL for the parody FuckedCompany.Com did:
FuckedLab.gifIt's a parody, which is protected by US Constitution (and it's a right that has been defended successfully in the Supreme Court). For the parody to REALLY be funny, look at Idea Lab's site Pretty much a perfect parody, design wise! Best part - eToys is in the dead center of the pile, on both IdeaLabs and FuckedCompany's version!
Davis Ray Sickmon, Jr - looking for something to read? Check out my three free novels at MidnightRyder.org
1) Do you think this sort of action:
a) Evokes a favorable disposition towards your company in the eyes of people who`ve never heard of it before?
b) Makes you look like a clueless bunch of tossers?
2) As a result of this action, do you think your company will perform:
a) Better than before?
b) Worse than before?
c) Wont make any difference, but will make you look like a clueless bunch of tossers?
3) Do you understand the concept of satire, and recognize that it is specifically protected, even under current U.S. law?
a) Yes
b) No
c) Dont know, we`re just a clueless bunch of tossers.