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Star Ballz Trumps Lucas

baby_head_rush writes: "The company that created pr0n cartoon Star Ballz won in court. George Lucas and company lost their first bid to stop its sale. A judge with some common sense. There is 'little likelihood of confusion' between Star Wars and Star Ballz." Not for young eyes.

33 of 194 comments (clear)

  1. Isn't that Goku? by taliver · · Score: 5, Insightful

    If you go to the screenshots, I'd swear that was Goku. It seems that DragonBall Z would have a bigger claim to infringement.

    And I must admit, it does look really stupid.

    --

    I demand a million helicopters and a DOLLAR!

  2. *closing eyes* by Dan+Crash · · Score: 5, Funny

    I sense a grave disturbance in the force.

    --
    He who refuses to do arithmetic is doomed to talk nonsense.
  3. Things you never want to hear in a porn movie: by parliboy · · Score: 5, Funny

    "Luke, I am your father."

    --
    "You're never ready, just less unprepared."
    1. Re:Things you never want to hear in a porn movie: by Dan+Crash · · Score: 4, Funny

      "When nine hundred years old you reach, look as good you will not. Hmm?"

      --
      He who refuses to do arithmetic is doomed to talk nonsense.
    2. Re:Things you never want to hear in a porn movie: by SuiteSisterMary · · Score: 5, Funny

      You've never seen THE LIST?

      "Star Wars IV: A New Hope"

      1. "She may not look like much, but she's got it where it counts, kid."
      2. "Curse my metal body, I wasn't fast enough!"
      3. "Look at the size of that thing!"
      4. "Sorry about the mess..."
      5. "You came in that thing? You're braver than I thought."
      6. "Aren't you a little short for a stormtrooper?"
      7. "You've got something jammed in here real good."
      8. "Put that thing away before you get us all killed!"
      9. "Luke, at that speed do you think you'll be able to pull out in time?"
      10. "Get in there you big furry oaf, I don't care *what* you smell!"

      "Star Wars V: The Empire Strikes Back"

      1. "And I thought they smelled bad...on the *outside*!"
      2. "Possible he came in through the south entrance."
      3. "I must've hit it pretty close to the mark to get her all riled up like that, huh, kid?"
      4. "Hurry up, golden-rod..."
      5. "That's okay, I'd like to keep it on manual control for a while."
      6. "But now we must eat. Cum, good food, cummm..."
      7. "Control, control! You must learn control!"
      8. "There's an awful lot of moisture in here."
      9. "Size matters not. Judge me by my size, do you?"
      10. "I thought that hairy beast would be the end of me!"

      "Star Wars VI: Return of the Jedi"

      1. "Rise, my friend."
      2. "Open the back door!"
      3. "Hey, point that thing somewhere else!"
      4. "It's just a dead animal..."
      5. "Not bad for a little furball."
      6. "How can they be jamming us if they don't know we're coming?"
      7. "Come here, I won't hurt you. You want something to eat?"
      8. "Keep on that one, I'll take these two."
      9. "I want you to take her. I mean it, take her!"
      10. "I don't think the Empire had wookies in mind when they designed her, Chewie."

      Top ten sexually tilted lines from the trilogy

      10. "What could possibly have come over Master Luke?"
      9. "Hey, point that thing someplace else."
      8. "You're a jittery little thing, aren't you?"
      7. "I never knew I had it in me."
      6. "Someone must've told them about my little maneuver at the battle of Taanab."
      5. "There is good in him, I've felt it."
      4. "Grab me, Chewie. I'm slipping -- hold on. Grab it, almost...you almost got it. Gently now, all right, easy, easy, hold me, Chewie. Chewie!" (Han) with "A little higher, just a little higher."
      3. "Short help's better than no help at all."
      2. "Hey, Luke, thanks for coming after me -- now I owe you one."
      1. "Back door, huh? Good idea!"

      --
      Vintage computer games and RPG books available. Email me if you're interested.
  4. What I want to know is... by Corgha · · Score: 5, Funny

    did Judge Claudia Wilken have to watch both movies to determine that there was little chance of confusion?

  5. Parody & IP by jaavaaguru · · Score: 5, Insightful

    Lucasfilm's spokeswoman said "This is a pornographic cartoon utilizing Star Wars intellectual property. We feel strongly that the law does not allow for parody to be a defense to a pornographic use of someone else's intellectual property, especially when that use is directed to children."

    But regardless of being pornographic or now, people are allowed to use intellectual property for parody purposes, which is clearly what Star Ballz is doing. Well done to the Judge for not taking sides with the big corporation, but instead choosing what is right for people's freedom.

    1. Re:Parody & IP by BadDoggie · · Score: 3, Informative
      Actually, it wouldn't. Had the judge sided with Lucas based on the type of parody, it would have been bitch-slapped down by the appellate courts, based on the bitch-fest between Larry Flynt and Jerry Falwell, "Hustler Magazine, Inc. et al. v. Jerry Falwell", US Supreme Court Case No. 86-1278 back in 1988.

      OK, something to see here, but not that much. The US Supreme Court decided this not long enough ago that the current Court could change it easily.

      woof.

      Yes, the movie was pretty accurate.

    2. Re:Parody & IP by Rogerborg · · Score: 3, Interesting
      • people are allowed to use intellectual property for parody purposes, which is clearly what Star Ballz is doing

      People are allowed to use IP for "fair use", of which parody is one example, the one the creators are claiming here. But parody is defined as "for comic effect or ridicule".

      Some hentai can be viewed as funny, but you can say the same for some musicals. This looks like either hentai in a Star Wars style, or (as Lucasarts claimed) Star Wars in a hentai style. I don't think comedy is a primary goal in either case.

      Ridicule implies commentary or criticism, as in "Spaceballs" or "Troopers". Perhaps there's some of that here, but from the shots it looks very much like a character-for-character, scene-for-scene remake, only with large animated sexual organs.

      We'd need to watch it to be sure, but I don't see it as being that clear cut, not at all.

      --
      If you were blocking sigs, you wouldn't have to read this.
    3. Re:Parody & IP by mizhi · · Score: 3, Insightful

      Hmmm... was there this much controversy when Spaceballs came out? I'm too young to remember, but I don't think so... I suspect that the pornographic nature of this parody is what really has Lucas in a tizzy. Not the ip issues...

      That said, a few lines from Spaceballs that would easily translate into Starballz are:

      "I see that your schwartz is a big a mine!"

      "SUCK SUCK SUCK"
      "She's gone from SUCK to BLOW!"

      "That... is my virgin alarm. It's designed to go off before you do!"

      :-)

      --
      Humorless sig goes here.
    4. Re:Parody & IP by Rogerborg · · Score: 3, Insightful
      • Actually, it looks like comedy is the intended effect. Otherwise they wouldn't be using Goku, Sailor Moon, and (sortof) Matrix effects, and Darth Vader wouldn't have Mickey Mouse ears

      Yes, it's a tough call, but these are practically mandatory in hentait/anime. If you made an opera out of Star Wars, you'd have a large woman playing Leia, right?

      Perhaps, perhaps. Trouble is, it would cost $19 to find out, and commercial profit is one of the criteria for finding against fair use.

      On balance, the judge probably got it right, I'm just saying that it's not entirely a black and white proposition.

      --
      If you were blocking sigs, you wouldn't have to read this.
  6. Lucas might want to make a deal with these guys... by Tickenest · · Score: 4, Funny

    because whatever it is that "Star Ballz" is gonna be, from the looks of things, it's going to be better than Episode 2!

    --
    This is the NFL, which stands for "Not For Long" if you keep making those bulls*** calls.
  7. I bet... by Greyfox · · Score: 3, Insightful
    MMG just got more hits on their web site from this story than they ever would have had Lucas left them alone.

    How many hits from Slashdot will result in sales of the video just because MMG's pissing in a big studio's corn flakes?

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  8. one-sentence movie review by kitts · · Score: 5, Funny

    Star Ballz: The plot, dialogue and characterization are no better than Episode 1, but at least the chicks get naked.

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    -------------------------------------------------- ----
    charlton heston is more of a man than yo
  9. George should take some ideas from Star Ballz... by Calle+Ballz · · Score: 3, Funny

    ...and have Natalie Portman in a sex scene so all these damn /. trolls will finally shut up!

  10. The Children by The+Gardener · · Score: 3, Insightful

    "We feel strongly that the law does not allow for parody to be a defense to a pornographic use of someone else's intellectual property, especially when that use is directed to children."

    Of course. Always invoke the children. That justifies any measure.

    The Gardener

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    --
  11. This looks great! by xg0blin · · Score: 3, Troll

    A star wars related movie with no muppets or N'Sync. No wonder Lucas wants to sue, I want to see this more than episode 2: star wars 90210.

  12. This is what Hustler did.... by MosesJones · · Score: 3, Insightful


    People v Larry Flint, he did exactly that he created a porno parody of a religious guy. Flint won at the Supreme Court.

    Parody is enshrined within that judgement as being allowable, and indeed a cornerstone of US Law. Supporting Hustler and Flint in that case were NYT, Washington Post and others who you wouldn't normally see on the same shelf as Hustler.

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    An Eye for an Eye will make the whole world blind - Gandhi
  13. Not so much parody as poaching, perhaps. by Rogerborg · · Score: 3, Insightful

    Starballz claims this is a parody. Really? Parody, says Websters is "a literary or musical work in which the style of an author or work is closely imitated for comic effect or in ridicule." Case law shows that criticising or commenting on the original is also fair use (although not necessarily parody).

    Having your own original characters do a Matrix freeze-orbit scene is parody for comic effect (please, enough, stop doing this now). Borrowing the characters, but spoofing twenty two other works and making very cutting critital points about "moichandising, moichandising" leaves you mostly clear, as Mel Brooks showed, and in agreement with the very informative overview of fair use and parody laws at publaw.com

    But this... well, I dunno. It's commercial, it's not commenting or criticising that I can see (not is it primarily comic per se, it's part of a well defined genre of its own, like musical), it uses substantial portions of the original (characters, scenes and plot). That only leaves the effect on the original which is, to be fair, minimal. But in three out of the four criteria that a court should use to decide fair use, it appears to fall down.

    Perhaps it does comment on or criticise the original. Of course, we'd have to watch it first to find out. And perhaps Lucasarts should have done so too:

    • Their disregard for legal procedure is underscored by the fact that Lucasfilm's attorney admitted that he did not even watch Starballz prior to filing suit

    It's hard to sympathise with a lawyer getting bitchslapped at the best of times, but this, if true, is probably karmic enough to cancel out any actual moral transgretion.

    --
    If you were blocking sigs, you wouldn't have to read this.
  14. Sailor Moon as well by BoneFlower · · Score: 4, Informative

    Sailor Moon as Princess Leia..

  15. Great. by martij2 · · Score: 5, Insightful

    This is so stupid, I can't even make myself sit through the preview. If Lucas hadn't sued odds are no one would have even heard of this.

  16. Re:Am I the only one? by Quixote · · Score: 4, Funny

    Am I the only one?

    Probably. Next question?

  17. Re:Am I the only one? by J'raxis · · Score: 3, Funny

    Yes, its unsuitable, and its inappropriate and unthinkable and unconscionable and and wont somebody please think of the children!?!?

  18. Has anyone actually watched this crap? by Mofo196 · · Score: 3, Interesting

    I downloaded the sample clip and hoo-boy is that terrible. I can appreciate a good parody even ones that rely on cock and ball humor, but this is god-awful. I don't even know why Lucas felt there was anything to worry about. It's not like anyone is actually going to buy this.

    1. Re:Has anyone actually watched this crap? by mliu · · Score: 3, Insightful

      Yup. Just from the amount of publicity this POS is getting on /., they've probably already ensured that this is more people than would ever have seen this crap.

      They only open their mouths like in one scene in the whole two demos, and that was enough to get me to groan out loud......

      If Lucas had just let well enough be, natural selection would have taken its natural course on this piece, and no more than 10 people (the 10 friends of the dudes who made this thing) would ever have watched it, or even heard of it.

  19. Does that mean that it's an open door... by pinkpineapple · · Score: 3, Insightful

    ...for more parodies like that? I have to admit that watching a re-run of "Thunderbirds" on DVD last night, my mind drifted for a moment fantazing about Lady Penelope and Tintin taking care of the 5 sons while the father and Tintin had some fun too and GranMa was watching and cheering up Tintin's father having taken off her denture.

    I hope that people with animation talent won't be shy experiencing new ways to bring us joy and visual pleasure.

    In a country drown by puritanism and religion, I am impressed about the open mindness verdict the judge has demonstrated. New lifestyles are reaching our country. This is re-assuring.

    Kuddos to these guys for protecting US citizen rights by having taken the chance to fight Lucaz.

    To these guys and the judge: You've got ballz! I know about a lot of people who would have comply with what ever big corp. would have order them to do (cough! Lindows cough!)

    PPA, the (bi) girl next door.

    --
    -- I feel better now. Thanks for asking.
  20. Porn protected, political speech not. by Erris · · Score: 4, Insightful
    Woopy, the right to make a buck prevails again. The government has protected a purveyor of porn against another movie maker in a squable over who owns darth vader. So what? It's a victory, but not a usefull one. Feel free to parody fantisy to your heart's content, just make sure you might be making money at it.

    Far more serious free speech issues are going the wrong way. How about accademic freedom? The University of South Florida is canning a computer science teacher for saying bad things about Israel (see this Salon story). How about DeCSS? How about encryption rights? How about Digital Rights Denial? In all matters of real importance, the US federal government has proved itself wrong headed recently. So while the publishing giants feel free to swear on the public airways they own, place naked people on billboards, and do whatever else they think they can to make a buck, you and me are being stripped of the right to utter dissaproval in any meaningful way. Your comminications will be monitored (carnivore and local ISP caches), your house will be searched unreasonably(USA and Patriot acts), your property will be confiscated (standard proceedure), and you will be quiet.

    --
    DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
    1. Re:Porn protected, political speech not. by BoneFlower · · Score: 3, Insightful



      Any victory, however small, is good.

      No argument there. But again, this decision is a small step in the right direction.

      Some of these monitoring actions I may have done on me anyways(comes with my former job as a Military Intelligence analyst) but they aren't nearly as widespread as people think... While the government has decreased the amount of evidence it demands before a search, that hasn't been entirely removed.

      And anyways... the real problem isn't the government. Its the people that roll over like sheep and take it. Don't preach about government abuses here, don't preach it to the government, preach it to the masses. Granted we need a larger margin than most people think to elect a president, but there are the people to do it. Get the average person involved. That is our only hope. If most people in this country think that these invasions of privacy and rights are a good idea, then by the preamble to the constitution the government has a duty to implement them, as its what the people want.

      Remember, the masses still hold the power to change the government. The only way to stop things before they get worse is to open their minds and get the masses to use the power they have, before they are convinced to give it up.

  21. Comment removed by account_deleted · · Score: 3, Insightful

    Comment removed based on user account deletion

  22. "Directed to children" by Robotech_Master · · Score: 4, Informative

    What gets me is the "directed to children" bit. Um, what? Where does it say that the parody is directed to children? On the Star Ballz website, where there's a clear "this website contains material unsuitable for those under 18" disclaimer? By watching the thing? (Oh, wait, no, they didn't, did they?)

    I know! It's because it's animated, and as everybody knows, animated vids are only for kids, regardless of content! Ha ha, right, all those Mangle Video animes with people getting naked (and peoples' brains getting shot out) that they release instead of getting around to Giant Robo are all to keep the little kiddies entertained!

    Bleah. That mindset makes me sick.

    --
    Editor Emeritus and Senior Writer, TeleRead.org
    1. Re:"Directed to children" by Robotech_Master · · Score: 4, Informative

      No, it's a quite clearly-written sentence. There are no dangling or misplaced modifiers; it quite clearly conveys a message. I read it over several times before I posted; there can be no mistaking. (Whether she misspoke and meant to say that Star Wars was directed to children, I'm not qualified to say--but the experience that I have had, as an anime fan, with the "anime is kiddie stuff" prejudice leads me to believe that she meant every word she said.)

      The article says (emphases mine) "a pornographic use of someone else's intellectual property, especially when that use is directed to children." The word "use" is used only once in the sentence prior to "that use," thus, "that use" modifies "a pornographic use".

      If she'd said "when that property is directed to children," she could have been referring to Lucas's IP, which is to say, Star Wars. But it is grammatically quite clear that she is referring to the pornographic use--the Star Ballz anime--as having been directed to children. That is to say, made with children as a target audience.

      Which is clearly quite stupid, but apparently there are still people out there who believe that anything animated is meant for kids. And unfortunately, some of them are even judges.

      --
      Editor Emeritus and Senior Writer, TeleRead.org
  23. Bad hentai, no donut by Animats · · Score: 3, Insightful
    It's probably legitimate parody, but it looks like bad anime.

    On a related note, the usual "fortune" at the bottom of this page says "Can't open /usr/games/lib/fortunes.dat." Is that a bug, or a parody of a bug?

  24. We perpetuate it too, you know. by SuperRob · · Score: 3, Insightful

    We're partially to blame. Every time we point to a Nintendo console as being "kiddy" because games are using cartoon graphics instead of being hyper-realistic, we perpetuate that belief.

    Of course, when I say WE, I really mean all of you. :)