Slashdot Mirror
Barney vs. Right to Satire
blkros writes "Looks like Barney isn't so lovable after all, or at least his lawyers aren't, as this article at Wired shows. They are starting to bring action against web sites that disparage the "lovable", purple dinosaur." The specific case they talk about is a page listing a hundred ways to kill a purple dinosaur, which strikes me as pretty fair satire (and a justifiable cause).
A site with 100 ways to kill a purple dinosaur's lawyers?
Actually, it won't take long to see at least one of these get challenged, since the article notes that one of the recipients of the nastygram is the EFF (they host an archive of a newsletter that had an anti-barney rant in one edition). Somehow, I just can't see the EFF rolling over for this.
>has always been about how much money they could make rather than what kind of message they could impart to kids
You obviously don't have small children. Barney is one of the very few programs I will let my kids watch (Barney, Little Bear, Dora the Explorer, Maisy, Zaboomafoo, and Blues Clues are it). Before I had kids I always joked with my wife that Barney will never be allowed in my house. But after you see what else is on tv for children, you will be glad it exists. We even have the robotic Microsoft Barney doll. Imagine that.
Or to sum it up in two words: Class envy.
I am really sick and tired of morons on slashdot confusing the 1st amendment guarantees of protection from GOVERNMENT prosecution of free speech with that of corporations. The protections under the Bill of Rights ONLY apply to the GOVERNMENT. Its protection does NOT apply to corporations or individuals.
If people are interested in what to say when confronted by this sort of letter, they could do worse than to follow the example of the guys who wrote the Ulysses for Dummies web site. They got a letter from lawyers for IDG Publications (the publishers of the ...for Dummies series). Their reply is priceless. Copy and paste away!
...phil
...phil
"For a list of the ways which technology has failed to improve our quality of life, press 3."
That's great! You just made my morning.
Want to learn about race cars? Read my Book
If I had mod points, you'd get one. Good post.
It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
What's a Soccer Mom?
I keep seeing references to it from Americans mostly but I don't know what it means. What's the difference between a Soccer mom and a regular Mom?
PS: yes, I know Americans call Football "Soccer". the relation to parenting escapes me. could someone explain?
--= Isn't it surprising how badly I spell ?
If one goes to here at jihad.net, you'll see they've already been at the Jihad's collective doorstep and they've responded accordingly- acknowleging the trademark and indicating that it's parody and therby protected under US codes...
I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
Every once in a blue moon, one of Lyons' employees or one of their legal council would pop into the list and hassle us. We'd tell them that it was parody, and as such, it's protected- go take a hike. (And they would...)
As for activity... One can always go and check it for yourself.
I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
I love Barney.
Dead.
For Mac OS 9 and down (aka, "classic Mac OS"), there exists a game called barney Carnage.
You can download it here
It's a regular activity at home. When the kids are asleep.
Karma karma karma karma karmeleon: it comes and goes, it comes and goes.
>Lawyers are actually a minority in Congress; there
>are more businessmen there now than lawyers.
But businessmen are easily intimidated by lawyers, since a lawsuit means a loss of money no matter who wins, and making money is what business is all about. Having more businessmen probably doesn't really change much, unfortunately.
And regarding Congress and its current crop of Representatives, here's a quick note to you Americans: If you're legally allowed to vote, and you don't, you don't deserve to celebrate the 4th of July. Shame on you.
After the recent distribution conflict, the battle of the languages, and the horrific Great Editor War, something comes along to completely unite all Slashdotters in mutual hatred against a single menace...
Try to find the monster manual entry for Barney sometime (I could, but I can't be bothered). Basically, it has Barney attended by a number of zombies...
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To whom did you write the letter? The lawyer who sent the email? The recipient who apparently is somehow connected with UM's physics deparment? Your reasoning here escapes me.
I see even classic Slashdot is now pretty much unusable on dial up anymore.
Barney *was* on the grassy knoll. Barney Fife that is. Think about it. They came up with the "single bullet theory". Who's most closely associated with a single bullet? Barney Fife! Is there any hard evidence that he was really in Mayberry on that day? If he says he was staying at the Raleigh YMCA, how do we know that the guest register wasn't doctored? How do we know that the bumbling deputy persona wasn't just a cover for the most cunning, cold-hearted secret operative this nation has ever known?
I see even classic Slashdot is now pretty much unusable on dial up anymore.
They always use the melody of songs that have been around long enough to be in public domain so that they don't have to pay anyone anything (same reason cartoons used various classical pieces), but can, of course, copyright the version with their lyrics.
I see even classic Slashdot is now pretty much unusable on dial up anymore.
Don't tell us, tell Lyons. Write them a letter and tell them why.
I see even classic Slashdot is now pretty much unusable on dial up anymore.
Yeah, but you've never seen it played on a playground in the US. It might as well be playing checkers or something. ;-)
I've long been thinking that such a forum would be fun. I'd like it to take the same general approach that /. does; however, the focus would be on religion, society, and politics. You know, all the things you're not supposed to talk about in polite conversations. ;-)
In other words, I voted for someone and they didn't win; therefore, voting is a scam. More bluntly, "Not everyone agrees with me! I'm taking my toys and going home!" A better approach would be to go convince as many people as possible that you *are* right. But don't suffer under the delusion that this is easy. First, you must actually *be* right; and it's easy to be deceived in this matter. Second, you have the task of arguing well for your cause. Even if both of these conditions are met, the task it grueling and eternal. Don't give up on it.
Look at the people that you voted for--Do you like them?
Yes, although it really doesn't matter whether or not I like them. What matters is whether or not they share my philosophy of government and society.
The US government has becoem so corp-centric it's disgusting. So much emphasis has been put on the ideals of capitalism that the consumer/individual has lost all identity.Why? Because most of "The People" are greedy whores. I believe our government (and the leadership of corporations) really do represent the will of the people. We're simply getting the government we deserve. Although, it sucks for those few of us who don't worship material gain.
Actually, the DMCA was an implementation of the WIPO treaty and was intended to be an "example" to nations like China that engage in a lot of unauthorized copying. In fact, the MPAA and friends suggested strongly that protection for ISPs be removed from the legislation before approval.
You make it sound like a big conspiracy. Casino's are rigged but the voting process in this country is not (there is some corruption here and there but nowhere near enough or coordinated enough to have a meaningful impact). The real truth is much simpler: our system really *is* responsive to the people--it's just that not enough people care.
The odds are always in it's favor, therefore the prudent person takes his money elswhere, and spends it wisely. If you're a voter, you're like the guy who keeps putting his last dollar on black 13, and hoping for the big pay off(the change you want).
Hardly. My point is that voting is only useless *if* you don't go out there and convince *a lot* of other people that you're right and that they should vote the same way you do. (Additionally, you have to convince them to be vocal enough about their concerns by communicating with their elected representatives.)
Concluding, the concept of voting (what I thing you're against, though I may be mistaken) is not flawed--but our society is. Now, if that is what you meant by, "voting doesn't change anything," then I agree. If you meant that the whole process is rigged by secret cabals and that no matter how much The People want things to change, they won't--then I have to disagree.
Huh? I have often told people why they should vote for this candidate or that candidate or why they should be concerned about such-and-such an issue and NEVER have I been laughed at or punched in the face. And when is the last time you saw someone punch their TV when they saw a political ad come on?
What makes it all right for a group of people to do the same thing? Oh, that's right, it's the guns backing them up.
Have we changed topics?
If you don't think that gov'ts rule by force (even the US) take a look around you.
Yes, and your point is? If governments DIDN'T rule by force, things would be constant chaos. It's called law enforcement.
Can we assume that you don't believe in the corruption of human nature and subsequent need for restraint?
Not really (to me, at least). But that would certainly seem to be the sticking point, wouldn't it?
(And sorry about the rudeness of the earlier post, hadn't had my coffee yet.)
No problem.
While combing their hair and talking on a cell phone. And then they give you the finger after almost running over you. As you may have guessed, PMS plays a large part in this lifestyle.
Spoil your ballot. It's a vote. It shows that you care, but don't care for the choices the political duopoly and its lackeys give you.
A spoiled ballot is still a vote, it's just a different kind of vote.
--G
It seems that they went for higher profile sites first, particularily the ones that criticized the educational content of the show. I just decided to take the site down and not try to bother fighting it as I'm in Canada and don't have the time or the resources to fight this.
You can view the whole letter here. Maybe if enough people protest, I'll put the site back up somewhere else. However, if you look through Yahoo's Barney section here, you'll see plenty of infringement on the fan pages. The fan pages are much more blantantly infringing than any of the stuff I put up. Don't they have to threaten everybody that infringes, or else it won't hold up in court?
Yahoo has delisted many of the now removed sites under the "Anti-Barney" category. At one time there were close to 20 of them.
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Knowledge is, in every country, the surest basis of public happiness.
BY SLASHDOT
Re: Unauthorized Use of Intellectual Property
Dear Sir or Madam:
This firm is counsel to Lyons Partnership, L.P. ("Lyons Partnership"), the owners of the exclusive right to use the copyrighted children's dinosaur character Barney® as well as the federally registered and famous trademark and service mark Barney.
It has come to the attention of Lyons Partnership that you are operating a website found at URL:
www.cybercheeze.com/humor/list/31.html.
We have reviewed your website and have concluded that it incorporates the use and threat of violence towards the children's character Barney without permission from Lyons Partnership.
As a result of Lyons Partnership's continuous promotion of the Barney character, Barney has come to be recognized as a distinctive and famous trademark and service mark. Lyons Partnership vigorously objects to the unsavory and unwholesome content that you have associated with its trademark and service mark Barney. The content that you have placed on your website, used in conjunction with the federally registered and famous trademark and service mark Barney, including all relevant hyperlinks to third-party websites, constitutes a violation of the Federal Trademark Dilution Act pursuant to 15 U.S.C. 1125(c)(1). By associating the Barney trademark with violence, your website tarnishes the distinctive qualities of the trademark and service mark Barney. Remedies available to Lyons Partnership based upon a violation of the Federal Trademark Dilution Act include a permanent injunction, damages, costs and attorneys' fees.
Your actions also constitute direct copyright infringement, and make you subject to injunction and liable to Lyons Partnership for its damages, costs and attorneys' fees. Pursuant to 17 U.S.C. 501(a), "anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 118, or of the author as provided in 106(a), is an infringer of the copyright or right of the author.." Lyons Partnership hereby demands that you immediately cease and desist from diluting its trademark Barney, as well as reproducing, distributing, performing by means of digital audio transmission, displaying, or in any other way infringing upon Lyons Partnership's copyrights.
Lyons Partnership is prepared to pursue all available remedies to protect its intellectual property rights. However, Lyons Partnership will refrain from taking immediate legal action upon condition that you provide written assurances by June 27, 2001, that you have ceased and desisted from diluting the trademark and service mark Barney, as well as reproducing, distributing, performing by means of digital audio transmission, or displaying the copyrighted character Barney. Your written assurances must also state that you have removed all web page content relating to the unlawful use of the Barney trademarks or copyrights as well as any links to the official Barney website. We await an immediate response from you or your counsel.
Sincerely,
GIBNEY, ANTHONY & FLAHERTY, LLP
By: atthew W. Carlin
--
Knowledge is, in every country, the surest basis of public happiness.
http://www.eff.org/pub/Misc/Publications/CuD/PPIC/ ppic0006 gives me a 404 error. EFF caved or bad link??
Erik
Are you going to mirror the anti-Barney sites then? ;)
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Delphis
Delphis
Yea, but you still see them driving around TOO FAST in their tank-sized SUV
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Delphis
Delphis
George Bush IS Barney
/. 'enhancement' of making you wait 20 seconds before posting anything?.. seems quick quips aren't 'allowed' any more... jeez..
PS: Anyone else notice the
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Delphis
Delphis
Ahem, Plastic. They even use Slash, for chrissake.
Bite the hand.
I tried downloading it from several sites, all reported that the file didn't exist. Did it get pulled by the lawyers?
Mea navis aericumbens anguillis abundat
> If no lawyer would take a frivolous case (like against Barney insults - an obvious Freedom of Speech issue) then frivolous cases would not exist.
... it is far more likely that if someone can't find a lawyer, it is likely to be the little person who is either being attacked by megacorp or has had something unjustly taken away from him/her.
The idea that a case might not be taken because no lawyer would take it on scares me
What is needed is checks and balances in the system so that such lawsuits and threats are strongly discouraged, and if they happen there is a fair way of dealing with them.
No, the main difference is related to how well an entity can defend itself. SNL can, and amateur web sites cannot. The question of funniness is not a factor.
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As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
I hate you, .45
You hate me,
Let's tie Barney to a tree!
Then we'll take a
And shoot him in the head,
Now that purple fag is dead!
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"Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
Just be glad /. is only in 2D, not 3D. You'd be in a world of hurt, then.
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"Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
> Somebody tell me where I can donate to the cause.
Three letters:
EFF
(My monthly charitable donation goes to them, and they get everything in my will. Kids want money? They'll have to work for it just like I did. *That* is capitalism.)
Reality has a liberal bias
I read this a couple of days ago on OverLawyered; they focussed more on Cybercheeze's reply. This is how we should all react to spurious lawsuits.
OK.. but why not vote too, in addition to any other tactics you take to effect change? It does not cost you anything except a few minutes of your time. And even if your chosen candidates or laws do not win, you have grown in your knowledge about the elected officials and laws of your home.
If voting is like gambling, then living in a democracy and not voting is very much like hanging out in a casino, getting a free $5 credit and throwing it away, even though you stay in the casino.
Please, don't vote if you don't want to or don't care. But there's no need to discourage others from learning and participating in the process. By doing so, you are promoting apathy, not change. If people participate, they may learn that there are things wrong with the system, and they may try to change it or at least believe that it needs to be changed. If they are discouraged and do not participate, how can they avoid apathy? Will they care about changing the system if they feel that they are not a part of it anyhow?
Do you really care about changing the system or are you just promoting a rather anti-social version of anarchy?
1999's TV movie Atomic Train had all references to "nucelar waste" changed to "toxic waste" in post-production after a "request" by the network. Gosh, I wonder why? :P
It doesn't mean much now, it's built for the future.
For the longest time, Brian Bull, the author of "Day of the Barney" and all its sequels, kept the writing up. He was one of the first threatened by this all the way in the summer of 2000.
I am one of the webmasters of JihadWeb (www.jihad.net). We got ours right before Christmas 2000 (which caused a great deal of hilarity when it was realized they forgot to change their date, thus we had to be in compliance as of Jan 3rd, 2000.)
As you can see, we're still making fun of Barney, but I gotta admit that it was scary to have a C&D in my emailbox (we NEVER got a snail mail copy of the letter, though). It's now six months later and they still haven't come after us yet.
We'll see. It's dangerous times to be a B'harnee hater.
Time passed, and I got a second warning. The head admin forwarded the letter to the legal dept who replied to the Barney Lawyers something to the effect of "Yeah, we agree it is offensive but it is not illegal." Haven't heard from them since. I have this all written up here.
Lawyers.
Who makes up 90% of our government?
Layers.
On April 15th, I'd have to agree with this, as written. However, sir, you have defamed the government. Prepare to be laid, erm, served.
Never meant half of the things I said to you. So you know, there's a half that might be true - G. Phillips
Hahaha, no no no, you english call soccer football. You call football rugby league :) :)
All national footy perspectives aside, a soccer mom is (and I'm australian so if I'm wrong don't shoot me) the mother of a well-off family who live in the burbs (picket fence?) and drives her landcruiser/explorer/suburban only to drop the kids off at soccer on sunday. That's my perception, anybody got anything more precise?
--Gfunk
Send lawyers, guns, and money!
Hardly a troll, but anway, just thought I'd pipe up-
League is nothing like NFL at all. Not a damned thing. They use a ball, and there's goalposts, and the idea is to get to the other end of the field, but that's about it. Now I like NFL, but they're definitely not alike. Pass forwards in league and it's handover time, sheparding (sp?) is half the game in NFL, illegal in League.
--Gfunk
Send lawyers, guns, and money!
I sure hope the Lyons Partnership got their own 'intellectual property' house in order and paid the royalties due to whoever for the use of that annoying 'nick nack, paddywhack' song.
If they didn't, it's ok for them to steal, but not ok for us to criticize them?
I loved the cybercheese response, and agree totally with the poster who suggested a federal version of the SLAPP law.
War is Peace. Freedom is Slavery. Ignorance is Strength. - George Orwell or George Bush?
For the record, my kids watched Barney and I thought the show was fine (at least until the massive proliferation of nasal-talking puppets on the show; I have a violent hatred of nasal-talking puppets). Anyhow, my kids now primarily enjoy Thomas the Tank Engine and Peanuts.
You are in a maze of twisty little passages, all alike.
Oh well.
It seems that some legal firms have found a new "make money - FAST" -scheme. IMO the interesting part is to see how long it will take, until the clients will realize that they'll be paying not only the huge legal costs but also the bad publicity caused by these cases.
Wendy R. Leibowitz summerized it well in her article.
As a sidenote: Attrition.org is also under fire because of the alleged trademake violation - they are hosting some priceless-campaing parodies and the lawyers of MasterCard still haven't got anything better to do...Link
Ville
My DeCSS archive:
The stereotypical activity for suburban children is to play soccer in local leagues. It tends to be the mother's job to take them to practice & games; hence the `soccer mom.' It refers to an imagined electorate of politically moderate women voters which politicians imagine will catapult them into victory. Given that so far the `soccer mom vote' has neither defeated nor won any victory for anyone, I find the whole idea rather suspect.
When lawywers are on the endangered species list, the world will be a better place.
Do your part, shoot or hang a lawyer each day. Better yet, go on a shooting spree at the closest law school! You'll be sure to kill off lots of them, and before they get a chance to create problems like the DMCA or CDA or COPA or you name it.
Acutally come to think of it politicians were in on all that too, so lets be sure and kill them off too.
(If you think I'm serious then you're too crazy to be reading slashdot)
Lee
Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
*cough* And here is Part 1 of 2 (all the way back from 1993 and before.. note: at that time, I updated it a little, but I did not write it):
Message-ID:
Newsgroup: alt.tv.dinosaurs.barney.die.die.die
Organization: Macalester College
DAY OF THE BARNEY
Mrs. Thompson kissed her two children, Jenny and Robby, and sat them before the
television set. Their eyes widened and gleamed as the picture faded in,
revealing the one who had become a dear and cherished friend over the last few
months. Mrs. Thompson smiled at their captivated wonder, and went to the
kitchen to prepare dinner. As she readied the vegetables for stir-fry, she
peered into the living room and watched the blubbery, purple dinosaur prance
and roll across the screen.
"Silly fat reptile," she muttered, and went back to her preparations.
If Jenny and Robby were annoyed by her remark, they made no sign of it.
Instead, they listened and watched in rapt attention to Barney the Dinosaur,
who was being broadcast live from the nation's capital. The plaza was filled
with thousands of wide-eyed youths, who wriggled and squirmed for a closer look
at the Purple One. Off to the wings, the green dinosaur known as Baby Bop
giggled and preened, occasionally blowing a kiss to the children in the crowd.
Finally, following a light song and dance about sharing, Barney sauntered up to
the podium and spoke:
"Hello, all my friends out there! I'm so happy you could make it to my special
concert. Have I told you lately how much I love you?"
Children worldwide simultaneously burst, "I love you too, Barney!"
The Purple One giggled and for a moment appeared to blush. "Love is such a
wonderful thing. Especially the love you and I share for each other. I also
want you to know how much of a special friend you are to me. Are you my friend
also?"
The response was thunderous, rising from the kids in the plaza, across the
living rooms scattered across the nation.
"YES!!!"
"Well, that's wonderful!" reeled Barney. "But do you know what, kids? I have
something really, really sad to tell you." He sighed, letting his immense,
dead eyes roll to the floor. "Not everyone is Barney's friend....some people
don't even want you to be my friend."
Protests and cries began to rise collectively within the entranced mass. The
Beast of Purple quieted them with a raise of his hand. He continued:
"There are people who don't want me to love you, and want to take you away from
me. These people are very bad, and want to hurt your loving friend Barney.
Some of them may be people who are very close to you. But do you know what?"
The audience of children silently yet anxiously awaited the answer. An unholy
stillness had fallen upon the crowd. Many of the adults began to feel
isolated, targeted.....unwelcome.
"None of them, not a single one, loves you as much as I do. I'm your only real
friend in the world. I really love you, I do! But these bad people don't.
Some of them may be your neighbors. Some of them may be your teachers. And
some of them....."
"Who, Barney, who?!?" shrieked a young girl from a barricade.
"...some of them may be _your_ parents!"
Children began screaming and crying instantaneously, their teeth and fists
clenched in rage. Security guards who had been trying to keep the children
back behind the lines began to fidget uneasily, as the sea of wide-eyed,
growling, gurgling children began rising against them. Some guards broke from
the line and ran down the street, screaming frantically. Others tried to push
the youngsters back but were pulled in by grasping, clawing hands.
The cries were horrible.
One guard, as he was being simultaneously crushed and pulled apart by the
mindless horde, looked back upon the stage. The Purple One and his green
sidekick were laughing and dancing demonically about the platform, which was
now spattered with blood and torn clothing. Next moment the world went dark
and the guard was lost forever amidst the torrent of violence and unholy
chanting...
I love you, you love me.....let me have your family.....with
a quick stab or kick, we'll set the children free....don't you
know you were meant for me.....
Mrs. Thompson finished washing the vegetables and figured either Jenny or Robby
could take out the trash. She walked out into the living room only to notice
the children were gone and the TV station was giving a dull, whining tone and a
test pattern.
"Jenny? Robby? Are you here anywhere?"
Perhaps they've gone outside, she thought. She returned to the kitchen and
looked upon the counter. Her tinsel-steel paring and slicing knives were gone.
But they were there just a moment ago, she thought. Then, just as a flash of
steel slashed across her legs and another just above her waist, she heard a
muffled giggle and caught a glimpse of purple and green out the corner of her
eye. She collapsed into a pile of her own entrails and blood, her life seeping
into the tile. As the world faded to a lifeless grey, she heard a familiar
tune sung by two familiar voices...
"I love you, you love me... Let us join with Lord Barney... With a great big kiss and
hug, from me to you.... Let's purge the world of adults too...."
Mrs. Thompson stopped breathing.
"He's NOT a silly fat reptile!"
I have never laughed so hard at a post. I'm just glad I was not drinking anything at the time, otherwise I would be cleaning my keyboard right now.
If at first you don't succeed, skydiving is not for you.
Is the logical implication of this that Lyons Partnership are prepared to give those who ask permission to brutally savage Barney?
If the price is right.
It's a corporation first and a children's entertainer second. Think Disney.
Lawyers are actually a minority in Congress; there are more businessmen there now than lawyers.
Not only that, the government is made up of the people--and it's not true that 90% of the people are lawyers.
If the American public really wanted that sort of legal reform, rest assured, the American public would get it. When the American public wakes up from its slumber and tells the politicians, very clearly, what they're going to do or else, politicians scurry to obey the great Leviathan that's the body politic.
Unfortunately, 90% of Americans can't be bothered to give a damn about anything in law or government.
That's where the real tragedy is.
>"lust happened" to be named Barney
Great. 6 words and you've set my therapy back months...
... is to randomly send "lawyer's" letters to ISP about random sites, complaining they infringe on this copyright or that trademark. Use any old color printer to print authentic looking letters. Sit back, and watch the fun... If enough people do this, ISP's will learn to just ignore lawyer's letters, unless they are backed with very strong and verifiable arguments. And it only costs you a stamp, and is almost riskless.
That's what Kinko's is for...
> Anyway, as I understand it, the same technology is used in at least some printers.
That's what cybercafe's are for...
> Then they can trace back to you
That's what paying your printer with cash is for... And I hope your didn't send in that stoopid warranty registration card, did you?
> Impersonating a lawyer is a pretty big offense because prosecuters and judges are both lawyers.
Don't impersonate any existing lawyer. Make up a name. If the lawyer doesn't exist, he can't sue you. And the ISP will be too embarrassed to press any charges... And I also doubt that Big Brother will display his tracking capabilities just for investigating petty pranks. He prefers bigger fish to fry.
A "Soccer Mom" is a somewhat derogatory term for suburban stay-at-home mothers that drive thier children around in a mini-van to soccer practice, and typify the suburban well-to-do lifestyle. That's my best shot at a description for you.
.e.
www.perceive.net
People see the world as they are, not as it is.
The same mark can be registered by multiple organizations, as long as the trademarks are for different industries. Eg. if you make "Barney" spoons, you'd be in trouble. But if you made "Barney" motor oil, you'd be okay.
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>
> don't you mean Katz?
Let's hope so. I mean, the last time people threw cats into mixers on alt.tasteless, the rec.pets.cats people really got ticked.
('course, they also learned about crossposting... albeit, the hard way...)
s/Imagine/fear/g.
A co-worker bought one for his sprog a few years ago, and brought it into the office. We were amused by the evil way in which it "woke up" whenever we opened the filing cabinet in which it was stored.
It eventually wound up hanged by the neck by the cords for the blinds, swinging in the office window until Christmas.
The head even lolled at an angle, which was quite a trip, as it really looked like it had been hanged, and then it would cackle that evil Barney-laugh every time someone stood close to it or bumped into it.
Evil, man. Pure motherfucking evil.
I sue you, you sue me,
You can't afford our lawyers' fee,
With a nasty letter from Dewey, Cheatem, Howe,
Up your ass our landsharks plow!
(Gotta problem with that, you big fat purple fuck? Bring it on, motherfucker, bring it on...)
You're speaking in the wrong forum. The slashdotties will analyze and chew at what you've said, and most won't get anything except a nagging feeling they can't shake.
There is a fine line between being a cultivated citizen and being someone else's crop. - A. J. Patrick Liszkie
Come on, Saturday Night Live has been doing this type of thing for years. Whats the big deal. It is all done in fun (sometimes fustration, we ALL hate that stupid purple dinosaur). I think that some people just need to loosen up!
Just my $.02
"If ignorance is bliss, why aren't there more happy people in the world?"
Barney Doom was one of the original reasons I got into FPSs in the first place! How sad.
Interested in open source engine management for your Subaru?
Apparently, only where it counts. Uncle Floyd was a local tv show on a UHF station in NJ, and NBC bought the rights to the show. Silly little show, cheesy production quality, lotta in-jokes, and generally fun. SNL used to rip their stuff off on occasion, but that stopped soon after the show moved.
Uncle Floyd did a great parody of Joe Franklin, and apparently waited until NBC began broadcasting the show before he sued. NBC caved, and the show was soon off the air.
How sad.
I love you,
You love me,
Let's recite from OT III
Uh, oh! There's a nasty cluster of Body Thetans on you, Barney!
Let's kill them with a Tom Cruise Missile!
Holy Xenu! You killed Barney! YOU BASTARDS!
Aw, too bad. Anyway, here's the Teletubbies to sing you the DeCSS source code song. Let's
all sing along!
k., before coffee.
--
"In spite of everything, I still believe that people
are really good at heart." - Anne Frank
"In spite of everything, I still believe that people are really good at heart." - Anne Frank
Actually, Bill could stop them. Incitement to violence would take precedence over satire. Think about The American Coalition of Life Advocates, the ones who put abortion doctors up in "wanted criminal" type posters. This aroused the feds' interest, and they actually alerted doctors that their names and pictures were on it. That could be argued as satire.
The truth about Scientology, Xenu, and you: Operation Clambake
So basically, if you're not making money off of it, you're cool. What about the web host? If I've got my "kill barney's lawyers" page, resplendent with graphic pictures of the sexual frolics between barney and his lawyers and what I'd like to do to the lot of them, up on geocities, Yahoo IS making money on the page (whether or not it's enough to cover the expenses is to the bean counters). They're clearly profiting from the use of the trademarked figure.
The truth about Scientology, Xenu, and you: Operation Clambake
What's really sad about this is that in 95% of cases, they'll be going after people who haven't the resources to fight this. Satire is protected speech, but only when people want to protect it. Most ISP's will roll over and take it when they get a nastygram, rather than keep the site up while their customer fights it.
It will be interesting to see the first site that moves to rotten.com. My guess is they'll let it stand, knowing they haven't the legal stump of a leg to stand upon to take it any further than nastygrams.
The truth about Scientology, Xenu, and you: Operation Clambake
(EOM)
sorry, Anonymous Coward, didn't ever see that. I normally don't read webpages sponsored by the Olsen twins.
...if he was killed, scientists might be forced to re-engineer him in a laboratory using his genetic material, filling in missing gene sequences with that of a nearby relative (perhaps H.R. Puf-N-Stuf?).
In short, there's a palpable risk that he could could be re-engineered into a species infinitely more corny and terrifying than we could possibly imagine.
(p.s. - if any of you Internet comedians steal my idea about making a Jurassic Park parody with scientists building a theme park populated with genetically-engineeried enhancements of Barney, H.R. Puf-N-Stuf, the Banana Splits, or whatever... I'll sue for infringement.... In the spirit of this news thread...)
(well, maybe not. but could you at least throw CATS into the mix somehow?)
In 1998, 3 years ago, Barney lost a similar suit against the Famous Chicken, or San Diego Chicken, whatever it's called. The Chicken had this skit in its act where it would beat up a purple dinosaur that looked a lot like Barney, and Barney wanted it stopped. The Barney guys lost that case 3 years ago. It seems to me that pursueing similar cases after the loss is criminal.
I know that, back in the 80's, Nintendo was sued by Universal Pictures for using the word "Kong" in Donkey Kong. They also sued Coleco, for the ColecoVision version. Nintendo won that case, saying that not only did Universal no longer own the copyright to King Kong, it knew that it didn't because of a previous failed lawsuit. Then Nintendo countersued, and got big damages. It seems that this case is very similar.
Don't forget that Friday is Hawaiian shirt day.
I hate you
You hate me
We're a dysfunctional family
Then a shot rang out and B'harne hit the floor,
No more purple dinosaur.
Only the dead have seen the end of war.
Add to that description the idea that they're often a) vaguely left-leaning "swing voters", and b) incredibly responsive to the mantra, "for the children".
Politicos like to shamelessly cater to them with "pro-children" legislation, regardless of minor details such as constitutionality or logic, because that's a good way of getting their votes -- and because otherwise, their votes aren't locked-in.
Only the dead have seen the end of war.
Dungeons and Barneys
Barney by AD&D Rules
Barney
Climate/Terrain: Nine Hells, Gehenna, Hades, The Abyss, PBS
Frequency: Very rare or daily at 4 pm
Organization: Solitary
Activity Cycle: Day
Diet: Little children's minds
Intelligence: Insipid (-12)
Treasure: Merchandising contracts
Alignment: Purple evil
No. appearing: 1 (may be attended by 1-100 Barney zombies, see below)
Armor class: 10 (big and plush)
Movement: 3
Hit dice: 8
THAC0: 12
No. of attacks: 2
Damage/attack: 1-10 (x2)
Special attacks: Hug (damage 3-30)
Special defenses: Aura of intolerable idiocy
Magic resistance: 90%
Size: L (8' tall)
Morale: Stupid (30)
XP value: 4,000
Barney is a demon from the lower planes, a great purple and plush deformed dinosaur. It is the enemy of intelligent lifeforms, eternally seeking out small children and feeding on their natural intelligence and curiousity.
Combat: Barney will normally attack with it's two great paws, each inflicting 1-20 points of damage. If a victim is struck with either paw and fails a saving throw versus paralyzation, they are dragged to Barney and may be hugged next round. A hug inflicts 3-30 points of damage each round until the victim or Barney is killed.
Barney may also utter a 'Power word "I love you"' once every three rounds. Any adults hearing the power word must save versus spells or flee in terror for 1-6 rounds. Any child hearing the power word must save versus spells or be controlled by Barney. He or she will thereafter follow Barney's commands with a delightful smile, and is subject to continued brainwashing. Each day that a child is in Barney's control they may be taught another lesson by Barney, decreasing their intelligence and wisdom by 1. When either stat reaches zero, the child becomes a mindless Barney zombie! Barney zombies follow his commands with love and a delightful smile, and eagerly spend gold coins on Barney merchandise.
Barney is constantly surrounded by an aura of intolerable idiocy. Any individual within 20' must save versus spells once per round or lose 1 point of intelligence. When intelligence reaches zero, the victim falls to the ground in a quivering, gibbering wreck. Intelligence may be regained at the rate of 1 point per day afterwards. In addition, the aura tends to make spells go awry, tactics to fail, and mundane items to become intelligent with their own insipid personalities.
Habitat/Society: Barney resides in a great temple and television studio on the lowest plane of the Abyss, with areas extending into every lower plane and prime material plane via transdimensional gates. He is constantly surrounded there by 1-100 Barney zombies clutching plush dolls and lollipops, which they may use as +2 maces in combat.
-From CyberLost, via AOL; original Bitnet post by Hellraiser
Only the dead have seen the end of war.
The thing I don't get is how long it's taken them to start any lawsuits. Why now? There have been anti-barney jihads around the internet for at least 6-7 years now.
Heck, I had a tshirt that said "Kill Barney" and it's been long enough ago that that tshirt got holes, became a rag, and even outlived its usefulness as a rag.
It looks like alt.barney.dinosaur.die.die.die is still around. How about "Night of the Barney"? and all of its sequels that floated around usenet for forever? Surely that is a little more defaming that a site that displays ways of killing purple dinosaurs. Can you still find Barney WAD files for Doom? By this point, there would be thousands of people to sue...
That's GREAT! I want to see the letter that comes back from that!
> Some time ago, companies were given the right to advertise on TV that "their product was better than {insert specific brand name}." Would winning such a court case undo all of that?
From my grossly limited knowledge of French pop culture, comparing your product to your competitor's in advertisements (at least as of three or so years ago) is strictly verboten.
Can't speak for whether this applies to the rest of the EU, but seeing as how they prosecute for Nazi memorabilia overseas, I wonder what would happen if someone took exception to such a banner ad...?
Easy does it!
This comment has been submitted already, 276865 hours , 59 minutes ago. No need to try again.
Barney caused the black plague
Barney started world war I when he shot Archduke Francis Ferdinand
Barney did not speak out against against the Nazi's during the Holocaust
Barney was on the grass knoll
Barney invented AIDS
Barney sold arms to the contras
Barney is depleting the ozone layer
Barney is responsible for the trouble in the tech sector
Barney and the purple teletubby were seen going to an "exclusive" resort in Palm Springs with Bert and Earnie, and were later joined by C3PO and R2D2
Barney is the anti-christ.
Did I leave anything out?
You'll get it if you diss Barney!
Hey kids! Our word of the days is "Lawsuit!" Later on in the show you'll watch me use some lawyers to stick my giant purple dick in some people in court! Won't that be special? Everyone's doing it! Got a problem with a bully on school grounds? Get a lawyer! Did your sister take that 5 cents you had in your piggy bank? Get a lawyer! Someone call you some names? Get a lawyer! It doesn't matter if you win or lose if you're a giant corporate dinosaur! You can bankrupt them with legal fees and the results are about the same!
I'm trying to teach myself to set people on fire with my mind... Is it hot in here?
After all Barney does support reclassifying marijuana as a Schedule II drug with important medicinal uses :-)
Actually, if you read this carefully it seems clear that this applies only if you are going to link using their logo.
This paragraph is the confusing part,
You are granted permission to link up CyberCheeze from your Web site, as long as you use only the Logos provided. All use of other graphical elements for linking to the CyberCheeze Web site without explicit prior permissions is illegal. By downloading the Logo, you fully agree to the Policies set herein.
The first sentence is very poorly written, but I interpret this to mean that if you want to link to this site using a graphic logo, you have to user their logo and you have to abide by the policies set down here. This says nothing about text links.
...a web site with 50+ ways to kill purple dinosaurs needs to worry that the Jurassic Park III lawyers will bite!
In this particular case I am all for no one EVER linking to their site. including all search engines as well as all other pages and idealy all DNS servers too.
"I don't need a compass to tell me which way the wind shines." - Mr. Furious, Mystery Men
It was announced today that Barney's hired goons sent letters to everyone who had a hand in creating or showing the Flintstones. The reasons sited were that it directly violates their trademark of Barney by portraying him as a short cave man instead of the tall dinosaur everyone loves. They have filed this case under the "you got the name before us but we copyrighted it first" clause.
-- Any comments seen here are not mine, but a mixture of alchohol and lack of sleep.
Mr Cranky. Another film review site.
Funny, bitchy, and beating on Barney.
these jokes are really killing me...
--
Bizar technology?
It seems like every DAY Copyright and Trademarks not only become more and more confused, but what you can do with them even more so becomes limited. Trademarks can be used in parody, satire, etc. and can even be Copyrighted. See: Andy Worhol. If these web sites really feel they need to cover their ass, which they dont - they are covered by law - they simply need to put a small disclaimer saying who holds the original TM and Copyright.
I do love this quote tho. "Instead of being an ambulance-chaser, you can be a trademark-infringement chaser," says Brendan Kehoe, the 30-year-old editor of the hacker-lore section of etext.org.
The ultimate network admin tool needs HELP!
judge: clerk?
clerk: yes judge?
judge: do we still have that first amendment
thingy hanging around?
clerk: we do.
judge: case dismissed.
I used to fuck a girl who played cinderella at disneyland and caught a VD from her ...:)
Free Techno/Jazz/DNB/MI Music by guys obsessed with monkeys!
So unless you have images turned off in your browser, you've agreed!
---
Book(n): Utensil used to pass time while waiting for the TV repairman
Barney would be a trademark when associated with the likeness of a dinosaur. So, while someone could produce a children's video where there was a man named Barney as the star, you couldn't go out and produce a kid's video starring a dinosaur that "lust happened" to be named Barney
While I'm not in favour of the actions of the lawyers in this case, trade mark law does exist to protect corporations from legitimate violations ("Here are a bunch of crab toys. The crab happens to be named Sebastian. No, not Sebastian the Crab from The Little Mermaid, Sebastian the Crab who, although he looks similar, is not associated with Disney in any way, and therefore I don't need to pay license fees."). Which means that names can be trademarked when they are names of fictional characters, etc.
That said, trying to shut down these websites for trademark violations is abusing the powers that trademark gives, and probably not the spirit in which the law is intended.
- In Capitalist America, law violates YOU!
One the one hand, there are arguments like "Saturday Night Live does that sort of thing", and "Remember when Animaniacs did that great sketch where they dropped a bunch of anvils on Barney?". I have to admit, that I do think that parody sites should fall within the bounds of Fair Use and all that stuff.
On the other hand, though, is the fact that in general, people are just more stupid when it comes to the Internet than they are with other forms of media. Everyone knows when they turn on Saturday Night Live that it's all parodies. But some 6-year-old kid who typed Barney into Yahoo isn't going to know whether it's an "official" Barney web site or a parody. Hell, not even a 6-year-old kid! A 40-year-old adult! Lots of people don't realize that anyone with $9.95/month can set up a website, and as such would be more willing to accept something, especially if it has pictures of Barney all over it, as an official site.
So, as I said, I'm still on the fence. I'll have to think about it some more.
- In Capitalist America, law violates YOU!
The Baloney shorts are ... viscious to say the least, and spot on to the PurpleBeast, at least as spot on as you can make them while turning the PurpleBeast to an OrangeBeast.
I am pleased to see that the three organizations mentioned in the story are laughing this idiot off. Part of the fallout from so many articles about IP abuse on places like /. is that there are a lot of well informed netziens out there. This kind of tactic would have worked a charm two or three years ago. No longer.
Incidentally, take a look at the wording of that letter - does it mean that if you get permission from Lyons partnership then you can threaten to maim and kill Barney all you want?
The likelihood that a satire provokes a Cease and Desist attack is not so much a function of the increased number of idiot attorneys, but more a function of the duration and accessibility of such satire. Prior satire *events* had finite begin and end points (SD Chicken Act, Kill-Barney skits on Jay Leno), or require a "cost of entry" (the act of purchasing media [books, videotape]) for repeated isolated viewings of such satire. The Web changes everything, though - free access to satire is unprecented, and the 24-7 nature of internet servers gives the impression that as long as the hard disk is spinning, then that satire is being spewed forth at an unrelenting rate.
The perception is that satire "chips away" at the integrity of intellectual property, and that while occasional temporal spurts of satire amount to isolated pin pricks to the stone statue that is IP, web sites are ice-pick-wielding robots from the future that will reduce the statue to rubble in no time flat. Of course, that perception is shared by paranoid IP holders and idiot attorneys who, as I said before, are increasing in number.
If this madness continues, I'm inclined to send nonsense Cease and Desist letters to lawyers everywhere.
Makin' money, makin' friends, makin' whoopee and wearin' Depends
Also named in the lawsuit are the creators of Jurassic Park for portraying dinosaurs as menacing creatures, and Scott Adamas, creator of Dilbert, for portraying dinosaurs as wedgie-administering bullies.
Pinch me, I'm dreaming.
-jc
http://www.physics.umn.edu/~duvernoi/barney.txt
-Eldurbarn
Does this imply that linking to a site dilutes the trademark? Does this mean that the lawyers feel it right and proper to try and enforce who may and may not link to their client's site?
-Eldurbarn
You're using her as bait, Master!
Face it, American Football players are pansies. They wear a suit of padded armor to take the same hits that a soccer player takes on a tackle wearing only shinguards and a cup. Soccer safer than football? Hah!
--Fesh
--Fesh
Kill -9 'em all, let root@localhost sort 'em out.
http://www.whowouldyoukill.com/sesamestreet.html Looks like everyone wants the bird dead on there :)
http://www.thesatyr.com/main.cfm?include=detail&st oryid=9430
They're dying left and right, hehe
Since so much of the content of Barney is in the public domain anyway, they're going to be hard pressed to defend what few items they can. Personally, since they felt compelled to take music from the American revolution and traditional childrens' songs and rewrite the lyrics in an attempt to make money, I feel less than zero pity for them. I think somewhere along the way, the creators of Barney either forgot what they were doing or simply never had any morals to begin with. Either way, I'd love to see them removed from Pubic Broadcasting stations.
No Zen is good zen
Didn't Weird Al already do this with his parody Jurassic Park? I seem to remember a purple dinosaur getting it's head bit off by a T Rex all in good old claymation.
I just emailed Mr. Carlin asking for Lyons Parnterships permission to create some violent content involving their famous trademark Barney. I think if enough of us ask surely someone will get it :)
Here is a copy of my letter, you may copy it as much as you like (also you may make fun of it and I promise not to sue)
After reading several articles on Slashdot,Wired,etc I have decided to pursue a new web site project. In this project I would like to create content that contains descriptions, links, audio transmissions, video transmissions, possibly alpha wave transmissions containing violent acts involving your famous trade mark BarneyTM.
The stories I've read seem to point to a boiler plate document that you sent out to numerous other sites that are attempting to muscle in on my idea of violence towards BarneyTM and contain the same language:
"We have reviewed your website and have concluded that it incorporates the use and threat of violence towards the children's character Barney without permission from Lyons Partnership."
I am a law abiding citizen with an urge to create some content containing violent acts involving your famous trademark BarneyTM and seek permission from Lyons Partnership. Below are the different things I'd like to include and I would appreciate a line by line analysis of what is permissible and what is not. Your comments must be included on each line, a blanket YES or NO will not suffice. Any items not commented on will be considered as consent on your part. Any blanket answers will also be acknowledged as consent for the entire list. If I haven't heard from you within 6 business days (July 12th, 2001) then I will acknowledge this as a consent on behalf of the Lyons Partnership. Any requests for an extension will probobly be denied. I have very strict time tables for this site.
obviously the list will be excluded from here...
I love that quote from the game:
"You did it! That's one less mine to deal with."
Someone mod this comment up. I feel the stress just fading away...
FluX
After 16 years, MTV has finally completed its deevolution into the shiny things network
"It is seldom that liberty of any kind is lost all at once." -David Hume
NBC makes a profit off SNL and has the money (and lawyers) to fend off such BS. SNL is owned by NBC, which is owned by General Electric, which is only one of the largest corporations in the world. Think of them as a giant that could blow you away by simply farting.
On the other hand, NBC/General Electric would be just as fast to stomp on anybody parodies their trademarks or IT if they thought they wouldn't be able to put up much of a fight, or if they thought they had any chance of winning, period. In General Electric vs. just about anyone, they'd have a damn good chance too. It all depends on how many lawyers and how much money they wanna throw at it.
However, speaking of Barney, this reminds me when POGS were popular, there was a T-shirt of a certain pog chip with a T-Rex on it. It said "I Loved Barney." The T-Rex was grinning broadly and picking the end of a purple tail out of it's teeth.
Ironically enough, that pretty much sums up what it's like doing any kind of parody as "the little guy."
--
--
Intelligence is definitely a recessive trait.
Is it really the taxes that neccessitate both parents working? It's seems that if corporations paid living wages, that both parents wouldn't have to work. Instead, by paying employees meager wages, they increase profit, and therefore, executive get those nice big salaries, executive perks, and stock options. Even after downsizing and leaving the remaining employees to do the work of more people for the same amount of money so that the executive could afford to give themselves a raise.
--
--
Intelligence is definitely a recessive trait.
BTW, the above is sarcasm. However, I could quite easily forsee that at least part of the argument made by the lawyers on behalf of the trademark owners would be that kids looking for Barney stuff on the web could possibly come across disictions of violence against Barney, Barney and Friend in adult situations, etc.
Unfortunatly, if you get a jury pool full of soccer moms, this may easily work. There are many who do want to sanitize every corner of the world so they don't have to do any actual parenting, because otherwise they wouldn't have time for Amway and Starbucks Coffee between running their kids to soccer practice and holding Tupperware parties. After all, it takes a village, and we're all part of that village whether we want to be or not. :-(
--
--
Intelligence is definitely a recessive trait.
I think every person from the 'Erin Brokovitch' movies is sueing the studio for one reason or another.
I'm sure many people remember mattel going apeshit over Aqua's 'Barbie Girl' song.
You just ain't 'leet without a load of lawyers.
Treatment, not tyranny. End the drug war and free our American POWs.
Treatment, not tyranny. End the drug war and free our American POWs.
See my user info for links.
This was covered by The Register a few weeks ago.
This is just another fine example of what I see as corporations gaining too much power (financial, legal, etc) and misusing/abusing it.
I mean don't get me wrong, I'm all for capitalism, and I tend not to be socialist, but things are just getting out of hand, and the government is doing nothing about it.
The same government that was established during the end of colonial times, to protect the rights of the people.
When things like this happen, I tend to loose a lot of hope in humanity.
Why is this happening? Its happening because the vast majority of people are letting it happen. So many people claim that they're all for freedom of speech, yet they do nothing about it.
Is the reasoning for this that we are simply a reactive society, if so its time for us to react. My personal opionion for this is that many people like myself are simply frustrated and loosing hope in freedon, and don't think that they can make a difference, so they carry on in veign, not trying to make change.
I don't mean for this to sound like a rant, I just believe its a very serious issue that is so overlooked and ignored so often by the vast majority of people, and I just wish there was some way to reach these people and let them know just whats going on, and whats at stake. I believe that if the trend of abusive corporations continue, that maybe not our children or our grandchildren but our great-grandchildren could be living in a restrictive opressive world much like the many of our ancestors.
History does tend to repeat if it is forgotten.
I look forward to hearing other people's opinions on this subject.
Barney is best appreciated at a live gig. I have MS Barney (and now Slashdot) to thank for the 'everybody clean-up song' bouncing around my head.
I don't think many car owners would be very trusting of purple motor oil ;)
Just because it CAN be done, doesn't mean it should!
But of course, the lawyers will pick on the little guy to send a message to all the other little guys. Like with Felton, the RIAA didn't expect Felton to fight back. When he did, their response was, oh, we didn't mean it.
Fight Spammers!
a 100 ways to kill a lawyer?
Will work for bandwidth!
Another case of lawyers trying to keep a dying business alive. LET HIM DIE!!!! LET HIM DIE!!!
Back in the BBS days I was known as Reverend Warthog Vomitone and had a lot of creative input into the gameplay of such classics as BarneySplat! and Ballsniffer's Casino.
So far, the lawyers haven't tracked me down for a game I haven't touched in about 7 or 8 years but I'll be sure to urinate on the letter when it arrives.
Screw Micro$oft.
Sung to the Barney " I Love You" song... o/~ I hate you, you hate me, let's gang up and kill barney
with an AK-47, he won't be going' to heav'n...
won't you say you'll shoot him too o/~
--You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
You have almost all of it. There is one additional element: when the term "soccer mom" is used by a conservative (someone to the political "right" in the States) it also implies that there is an element of hand-wringing "what about the children" liberal nonsense to the person.
To someone on the left, all that hand-wringing and wailing about the children is the foundation of their political belief and is taken seriously.
[ducking!]
You know what? You're right. We must stamp out ALL SILLINESS AND ALL FUN.
How will our children get a job and be successful if they are wasting their time on silly cartoons when they could be studying? "Hey Junior, stop wasting time and start practicing your golf swing. How are you going to be the next Tiger Woods if you don't practice? Stop your goddamn crying, you think Tiger crys when he practices? You're three years old, it's high time you learned the 'facts of life'.
I'm not saying that children should be constantly coddled or protected, but you're extreme is just as bad as the other extreme.
There IS time for a child to be just a child, and there IS time for a child to just have silly, meaningless, NON EDUCATIONAL fun.
--
Sometimes it's best to just let stupid people be stupid.
I'm not necessarily defending the tactics here, but it's gotten fashionable to try and destroy anything related to childhood. I simply don't understand it. Why can't people just let children enjoy a silly, purple dinosaur without feeling the need to "kick over the sand castle"?
The best comment I ever heard about this was one of the producers talking to a TV Guide reporter about barney. The reporter was making the typical disparaging remarks, and the producer simply said "You have to remember, it's not intended for you. Why would you think you would enjoy it?
That was a brilliant response. The next time you feel like disparing Barney or any other popular toddler character (of course, "popular" is the reason many hate it), just repeat to yourself: "it's not intended for me" and back off.
--
Sometimes it's best to just let stupid people be stupid.
Some random (presumably trademarked) common names/terms:
Think of trademarks kind of like a (more properly run) set of domain names. You have to be actively using it to claim it. You only get an entry in the TLDs that directly relate to your product. So "wendys.food" is exclusive to the Wendy's corporation, but wouldn't have much of a claim if Wendy Johnson wanted to open "Wendy's Car Repair".
In general, trademarks seem to be (at least in my understanding) one of the better-run intellectual property things. I think they just get a bad rap due to the unfortunate interaction between trademarks and domain registries (where all commercial entities have been more-or-less lumped together in .com).
modern propaganda no longer is concerned with lying to all the people all of the time. modern propaganda has no need to convince all of the people that A is also not-A. modern propaganda does not even need to lie, explicitly. modern propaganda consists of portraying information in so many different ways that one group of people think A is A, one group thinks A is not-A, another group thinks A could be either, and another thinks that A is just another government fabrication anyway so why bother...
the american public in the late eighteenth century did not awaken in righteous anger and throw off the oppressive chains of the United Kingdom. there was no spontaneous consciousness-raising en masse. rather, the intellectuals of the time -- businessmen, public servants, lawyers -- published many persuasive texts over a period of time that provided an ideological foundation upon which vast amounts of human resources could be laid, body stacked upon body, to forcefully settle the argument.
the People, as conceived by dreamy-eyed libertymongers, simply does not exist. the People is a convenient fiction called into being at various times in history to suit the whims of intellectuals [who worship ideas above the People], revolutionaries [who worship violence above the People], and large-scale social forces [which serve the interests of nobody and nothing save survival probabilities]. the People is variously hardworking, honest, stupid, delusional, downtrodden, longsuffering, lazy, avaricious, hopeless, helpless, heartless, and directionless. the People is a blind golem. it knows neither what it wants nor how best to obtain the few things it can coherently conceive. numberless infinities of cells flake off your body and die every day as part of natural functioning. oppression, genocide, deception -- these are operational processes of the Body Politic which you idolize so zealously.
there will be no Great Awakening of the American Public.
---
Hollywood, Television, has become the dream machine. We need to take that back; each of us is a Dream Machine
If you get a nastygram, tell them you will only assume the nastygram is real given that it carries a verifyable PGP signature. Make sure you are in the large strong set, then I would say they have a reasonable chance of get keys signed so that they can serve you a nastygram pr. signed e-mail, wouldn't you?
Well, if they start getting PGP and set it up, sit back and enjoy the confusion.... :-)
Employee of Inrupt, Project Release Manager and Community Manager for Solid
I may be wrong about this, but I think the term also implies an American perception that soccer is "safer" for the children (and hence, wimpier) than our more traditional sports, especially football.
Power corrupts... absolute power is kinda neat!
:-)
Then WinXP is very neat
There are 1.1... kinds of people.
(waiting ... 20 ... seconds)
sulli
RTFJ.
It should be interesting to see what the lawyers plan to [try to] do with the usenet group:
Not just current/future postings, but also consider all the posts to it which have been archived or just put on regular back-up tapes world-wide. Just send your favorite newsreader to that group, or fire up a browser to look at google's group search page: http://groups.google.com/advanced_group_search (A search for "barney" in just that newsgroup brought up gobs of hits.)Will google become a target for the lawyers, too?
Disclaimer: I don't know how active the group is, and my current connection is so slow I've not surfed newgroup posting in years, so I don't know how active the group currently is. Then again, with the lawyers' activities, it may experience a surge of popularity.
So then presumably you can GET permission from Lyons to incorporate the use and threat of violence against Barney?
"Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
How about Barney just go and fuck himself up his fat gay purple ass. So Barney's the fat fuck that's keeping our kids in front of the TV all day, instead of going outside and actually doing something, or learning something.
social sciences can never use experience to verify their statemen
The Second Circuit Court of Appeals laid down some pretty solid requirements for a successful trademark dillusion claim, one of them being that the defendant be dilluding the trademark in a commercial enterprise or undertaking. Setting up a parody site of the Big Purple Dino won't constitute a violation of law unless some profit is made from the infringement. Touché, nastygrams.
Idleworms has a fun game called Barney Minesweeper.
http://www.idleworm.com/games/gamesBarneyMinefield .htm
http://www.cybercheeze.com/info/logolink.html
It seems you can't link to them without using their logo. Does that make the above link illegal? I guess so. So while I liked the intent of Cybercheeze's reply, they're also pulling some lawyer crap of their own. Am I wrong? Is it illegal now to link to a site without permission?
Seriously, what's happening to our civilization when everything needs to be so regulated?
Upon seeing the box was too small, Schrodinger's Elephant breathed a sigh of relief.
"I love you ... you love me ..."
You obviously don't have small children.
Actually, I do have a small child, and I would nomore allow her to watch 'Barney' than, say, the Playboy channel. Why? Because I don't allow my child to watch shows that encourage stupidity(btw- 'Blues Clues' is out for the same reason, as is almost everything made by Disney since circa 1993). An alternative to TV in general is to actually talk and play with one's children.
I think the single most important satire 'rights' battle, IIRC, was fought vs. MAD magazine - why not get ahold of their legal team?
-Nano.
Who knows... If every slashdotter wrote them one email a day AND printed out the email and sent it to them via the postal service, they might understand...
Of course then they might see such a market and then, in the name of profit, create "Barney and Friends Die" shows...
LedgerSMB: Open source Accounting/ERP
I guess that the band "Better than Ezra" isn't allowed to perform or broadcast their music in France then? q:] MadCow (Laugh, it's a joke...) q:]
I used to have a sig, but I set it free and it never came back.
You could also do it to the kids.
One of the first programs I wrote was this little game in VB where you killed barney in ever more creative ways, thus gaining more points.
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inspired me in so many ways. Mainly because it was simple enough that I could write things alot like it (i remember learning sort algorithms just to figure out how to do a high score table like it)
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I would pay to see Barney take the stand in a court of law claiming defamation of character. "I love you, You love me... wait, why can't you love me?"
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Developers: We can use your help.
Why haven't sesame street sued over Bert Is Evil? Maybe they are too busy laughing at it....
Barney made George Bush president
Maskirovka
u=v in Latin
Barney
= cute purple dinasaur
= cvte pvrple dinasavr
Take all the Roman numerals out
CVte pVrpLe DInasaVr
D=500, C=100, L=50, V=5, I=1
C + V + V + L + D + I + V
= 100 + 5 + 5 + 50 + 500 + 1 + 5
= 666
Even Slashdot wants to hide some things
One time a burned a furby and took pics of it. Think I can be sued for this too? -=)
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Tres_Status
stephen
The irony about our Barney situation is that we went through the Lyons Group's legitimate PR channels to get the Barney promo materials back in 1993 - that stuff was pure gold! Creepy!
I made a few dozen t-shirts and posters back then with Barney inside one of those red "Do Not Enter" slashed-circles, a la the "Ghostbusters" logo. Good thing the Lyons Group didn't get wind of those.
As for Bunnyhop: the print version is still alive and worth checking out, but the Web site is laughably outdated and largely forgotten, except for some regular poster around here who links to the Girl's Guide to Geek Guys in his .sig - that article will never die, for better or worse, and I'm still amazed by how much response it gets.
Guns don't kill people - bullets do!
I am just as irritated as any other parent with Barney, but the kids like him. Thats a fact. I dunno why. (Has anyone done a frame-by-frame search of a program for subliminal messages? :-)
Anyhow, this pisses me off. I've tried desparately to think of any excuse to tell the kids, "No, you can't watch Barney today.", but now Barneys lawyers have finally given me something close to legitimate.
"Sorry son, he's not very nice in person."
Can you imagine if Mr. Rogers would have pursued everyone who made fun of him? No. He may have had some funny parodies, but it was always about the children, and nothing else.
Barney tapes (not to mention other paraphanalia) are off of my shopping list for good.
Bill
I once found a pic on the net of a strange individual copulating with a stuffed Barney doll.
I wonder what they'd have to say about that. At least it's not violent.
Barney was an uncredited writer on all the Voyager "It was just a Holodeck/dream" episodes.
If you were blocking sigs, you wouldn't have to read this.
...lawsuits from LucasArts against all those "Kill Jar Jar" websites.
Sang to the same tune as "this old man" or Barney's " I love You"
I love you, You love me, We chased Barney up a tree, Got tha Buck shot out and let it roar! NO MORE PURPLE DINOSAUR...
Razzious Domini
Razzious Domini
I could be a GREAT KARMA WHORE if I could just shed the few morals I have left.
What a waste. When I capture a planet from the Sakkra - the purple dinosaur race in Master Of Orion 2 - I keep the population alive.
You have received this message in error.
About two years ago the Barney fan club offered a free prize to any child who reported a violation of Barney's copyright. Many balloon sculptors at the time made Barney balloon animals for children. Several of us received letters from Barney's lawyers to stop. Disney and Warner Brother's have done similar things also.
******************************* Blessed are the poor in spirit
Perhaps I'm being overly cynical, but it sounds to me like the company here just wants back into the spotlight
D - M - C - A
If god had intended you to be naked, you would have been born that way.
I guess these guys never saw Barneysteim 3D.
Ahh, I can still remember games that fit on _one_ floppy disk *sniff, sniff*
But I digress... this is actually pretty scary and very much like Voltaire and what happened after he wrote Candide. Could this open up sites like THe Onion to attack even when they are being so outlandish? I read Candide in senior high school, so I want to know what schools in several hundred years will be teaching the Onion so I can send my descendants there.
unf.
One can only hope
GreyPoopon
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GreyPoopon
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Why is it I can write insightful comments but can't come up with a clever signature?
This used to be the case in the US as well. During advertisements, people had to say: "Our product is better than other leading brands," or "Our product is better than brand X." They couldn't mention the names of the other products. I think that was changed at some point during the late 70's, but I can't remember. To be honest, many companies choose not to engage in this kind of product comparison. Doing so encourages their competitors to do the same. It also encourages certain TV shows (such as "Fight Back", no longer on the air) to actively challenge their claims.
GreyPoopon
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GreyPoopon
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Why is it I can write insightful comments but can't come up with a clever signature?
Quite frankly, if such a case could be won, it would set a dangerous precedent. Imagine if you couldn't participate in M$ bashing on your website. Or for that matter, imagine if you couldn't participate in Linux-bashing. No trolling intended. Just two examples I thought would appeal to slashdot readers. But seriously: Some time ago, companies were given the right to advertise on TV that "their product was better than {insert specific brand name}." Would winning such a court case undo all of that?
I would think their case would hold water if we were talking about slandering a real person. But this is a "fictional" character on a TV program, and one that seems to almost invite animosity (for some inexplicable reason). What makes them think that we should give up our rights to free speech?
Somebody tell me where I can donate to the cause.
GreyPoopon
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GreyPoopon
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Why is it I can write insightful comments but can't come up with a clever signature?
Isn't that the truth? I played Mickey Mouse part time while in college (92-93) and caught crabs from the filthy underwear they forced us to wear.
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...Doom with the Barney mod... Running around with a form of Barney replacing all the baddies... Its how I spent my free time for 2 years... I always loved watching that "purple quivering mass of gyrating goo" melt under the blast of my BFG! So will Lyons go and sue every Doom'er, modmaker, and ID for making, enjoying and archiving ways to disintegrate that obnoxious blob?
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This show is targeted at 2-4 year olds, and guess what - for that audience it is a HECK of a lot better than the garbage Disney is putting out, or the violent cartoon imports.
Whether you agree with it or not, little kids believe that Barney is "real" - personally I've had an unpleasant experience when my son saw a Barney doll stuck in a rear of a tractor-trailer, on the hitch mechanism... My son absolutely panicked, and was convinced that we should rescue "Barney" because he's getting hurt.
How do you explain to a 3 year old that this isn't "real"? How do you explain that cruelty is funny? (BTW. if you don't have kids spare me your thoughts here).
There is a fine line here between personal freedoms and responsibility. You can blame Lyons all you want, but they have my vote here. This is not as clear a situation as your average "Onion" article. If Lyons did not protect their trademark in an "equal" manner they'd loose control of it (and as a parent, I don't want to see that) - "equal" in this context means that if they find out about your infringement, they must take action.
The funny thing is that so many of the ./ readers get furious when others don't respect what we perceive as our rights: GPL restrictions, etc. How is this different?
The bottom line is, if you're spending your time thinking of ways to maim/kill an imaginary character designed for pre-schoolers, YOU NEED HELP.
Yahn
It's nothing new to be sued over a parody. Large corporations are always testing the limits of how they can stop their trademarks from being used in ways they don't like.
When nuance becomes the only objective we lose the ability to function
100: Chop his fat ass up with a chainsaw
99: Use a tommy gun to see how long he lasts
98: etc
I wonder if they'll try and send slashdot a nastygram now.
These types of antics only work on the ignorant and powerless. I sincerely doubt the EFF is going to roll over on this one. If EFF can take part in the DeCSS case, I'm *sure* that they can fend off some first year lawyer with a stick in his ass. Unfortunately from what I've seen lately, these types of lawyers make their living by these tactics. I think that there should be some type of check on the number of frivolous law suits entered into court by one person/firm. If it is determined that they are solely wasting the courts time with more than 40% of their cases then some type of restitution should be made.
Reb
How about Dilbert? Are the publishers of that next? By some incredible fluke, I turned over my desk calendar today, and there's one portraying a large dinosaur as stupid, and although it's only black & white, bears a striking resemblance to the purple one being talked about ...
You hate me
Let's hang barney from a tree
and after that's done,
we'll shoot him in the head
thank god, barney is dead.
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Just because a bunch of people believe or do something stupid, doesn't make it any less stupid.
Its kind of redundant to say it but; "Thats an act written by writers and there is an actor inside."
So Barney the purple foem rubber dino dont have any feelings, so how can he be hurt by parody?
Its one thing when its a person, but its just foam rubber. asci(64)
It's still legal to link to it!!
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Ever notice how fast Windows runs? Neither did I...
Anyone else notice that when you take a digital representation of any episode of Barney, XOR it with itsself, and then AND the result with the DeCSS source code, you get a copy of the DeCSS source code?
If the MPAA is stupid enough to be unable to understand DeCSS isn't for copying DVDs, are they stupid enough to fall for the above?
______________________________________
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Ever notice how fast Windows runs? Neither did I...
The Lawyers' nastygram said the websites were violating the Federal Trademark Dillution Act. Here's what that law actually says:
...
(1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which
As you can see, this only applies to unauthorized commercial uses of a registered trademark. These websites do not qualify as commercial uses, therefore they have no legal basis to sue the anti-barney sites. IMHO, frivolous litigation about "intellectual property" infringement has gone way too far. The DMCA should be abolished, and all copyrights should be limited to 6 years. This country is pathetic. It's turning into a lawyerocracy... *sigh*
Repeal the DMCA!
...what's the point of Barney if he's not an object for disparaging? :-)
http://www.themeparks.ie
True, but to my knowledge there are no web sites that publically disparage Big Bird.
:)
There should be, though
http://www.themeparks.ie
Is the logical implication of this that Lyons Partnership are prepared to give those who ask permission to brutally savage Barney?
http://www.themeparks.ie
Around 1994 there was a screen saver type thing released for the mac called "barney blaster" that would have barney hopping around the screen singing till he is shot, stops singing and looks at you, then dies... then the cycle repeats.
I loved that damn thing, you could select how he would die (gut shot with blood, headshot with blood, cannonball, just a big "blast" graphic like he was exploding, etc...
Anyone else remember this or something similar for the PC?
Hmm reminds me of the time Barney went after the L.A. Chicken mascot (or was it San Diego??) I'll explain in a bit...
As far as I can remember from Biz Law, the use of a copyright for satire is ok as long as
A. you don't directly sell the copyright or profit from it's use (Selling a barney being eaten by T-rex T-shirt is a no-no, using a unlicensed image on anything you sell - direct profit is key here!)
B. the satire does not directly impact the market share the copyright has over it's intended audience. Barney satires on SNL are okay because SNL is an adult show, it's on late etc. The LA Chicken use to do a skit where he beat up a Barney, but because the baseball game is a place where many children go, Barney's lawyers argued that the Chicken beating up the dinosaur had a direct impact on the children who watched the show and lead them to reduced market share blah blah blah...
I don't think the webstie is selling this list of how to kill barney, and I don't think it is reasonable to argue that a child could surf to this site or that the web master could control traffic to his site anyhow (Besides, a little kid shouldn't be on the internet alone!!) So it sounds like a bunch of ambulance chasing lawyers, or the company is banking on the website shutting down due to pressure.
Fight On I Say!!! Destroy the evil purple wretch and his army of suits!!!
Jesse Wolfe Sr. Manager Systems Integration
Screw the censors.
I'm an asshole, so what?