Slashdot Mirror
Penny Arcade vs. American Greetings
ferrocene writes "Penny Arcade's American Mcgee/Strawberry Shortcake spoof posted last Monday was pulled because someone at American Greetings got wind of it and set their lawyers on them. PA's forums are abuzz with activity. I'm pro-funny, myself."
Does anyone have this comic mirrored anywhere? I'm sure we'd all love to see what the fuss is about.
I thought copyright law had exemptions for satire and humour.
If it didn't, how could anyone talk about anything?
American Greetings needs to get a grip. Parody is a legitimate form of Fair Use.
You see? You see? Your stupid minds! Stupid! Stupid!
Short, to the point, and not abusive. Hopefully they will take note. Frankly, I think they need to lighten up.
You win again, gravity!
You didn't get the memo? There is no more fair use for anything electronic any more.
Developers: We can use your help.
I am so god damned tired of companies doing this. Fair use allows parody as long as the use does not cause confusion in the market place, ie: as long as it is obvious that it is parody and not the same 'product'. We have been in and out on similar but different fair use of a trademark ourselves, and finally got the company to see the light.
As much as I hate lawyers (and who doesn't?) it appears we need a new case or two at the highest level to reaffirm our rights to fair use in parody.
Tequila: It's not just for breakfast anymore!
Sucks to be them
What was the purpose of getting the image pulled - to stop people seeing a ripoff of their product/image/whatever
Now the story's on 2 places online, has the attention of the slashdot crowd, and shall be mirrored in dozens of places it never would have gotten to.
Thanks guys - I wouldn't have seen it if you hadn't wanted it pulled!
It's now on Slashdot and the cartoon is being mirrored all over the place... can't ask for more publicity than that!
Sorry, but my karma just ran over your dogma.
Well, I've been reading the forum(Powered by Vbulletin(TM), and I'm so upset I got dizzy. I couldn't feel better at all until I had a cool, refreshing drink of Pepsi(TM) and had a seat in my La-Z-Boy(TM) adjustable recliner. Remember, we belong to corporations. They own words in our language now, and there's nothing you can do about it unless you want to fly on a Boeing(TM) jetliner out of the country.
The boys have started a petition stating that the signers will boycott American Greetings until the comic is allowed to be shown.
Let's show 'em what happens when slashdot readers get wind of something like this.
grade school blackboard drawing of humping stick figures labeled "principal" and "teacher". Anybody who finds that "funny" needs to see a lawyer themselves
HAHAHAHAHAHAHAHA... oh wait
It's a parody of American McGee (or maybe of the flood of crap pseudo-gothic grotesquerie of which he forms but a small part). It just happens to refer to Strawberry Thingy.
Sorry, I'm so pedantic I just had to point that out, because some people seem to have the impression that it's a really childish parody of Strawberry Doodad. Whereas in fact it's an okay (but not hilarious) parody of American 'Alice' McGee and his belief that giving anything at all a big fanged grin and some pseudo-bondage chic will make it entertaining.
This is of course a false belief, similar to the belief (popular in Asia and, I'm told, elsewhere) that giving something cat ears, a cat tail, and enormous big eyes makes it automatically entertaining.
Whence? Hence. Whither? Thither.
Between Penny-Arcade and Slashdot readers, there are probably enough people to make a difference in their Mother's Day card sales, and unlike boycotting the entire movie industry, this is a really easy one to do. Also, unlike with an MPAA member boycott, they won't simply be able to attribute declining sales to increasing piracy.
So buy Hallmark, tell your friends to do likewise, and let the American Greetings Company know you're doing it. Maybe we can start to teach companies that in the information age, sending out indiscriminate C&D letters in the hopes of intimidation will cause more harm than good to their brand names.
"The question of whether a computer can think is no more interesting than that of whether a submarine can swim" -EWD
And the sad thing is: American Greetings were not even the target of the parody. That honor goes to American (coincidence?) McGee. Looks to me like they didn't even bother to read the site.
Quoth Gabe here:
It is technically a parody, but it is not protected under fair use. (Whether you use the same names as the original, or twist them into funny-but-recognizable versions like "Frodo->Frito" and "Biblo->Dildo" doesn't matter)
To get the fair-use exemption to copyright law, your work must not just be a parody- it must be a parody of the material you are infringing.
In this case, Penny Arcade used some kind of "Strawberry Shortcake" copyrighted material to create a parody of American McGee's videogame development preferences (as seen here).
Since the parody doesn't make any critical commentary about "Strawberry Shortcake", it has no legal justification to use those names or images.
The famous recent case on this subject was linked to (pdf) by Penny-Arcade. In that case, a parody called "The Cat NOT in the Cat" was banned for using images from a book by Theodor Geisel to make a comment on the conduct of the Orenthal Simpsom murder trial. Because the materials he was borrowing were neither positively nor negatively commented on by his work, he was not allowed to publish the parody.
It's funny - glad i was able to grab a copy of it to amuse myself.
But enough is enough! Please don't post regarding "parody" and "fair use" if you don't know the actual legal definition.
The bottom line is that this cartoon is NOT a parody by the legal definition ("Strawberry Shortcake" IS a trademarked name) and American Greetings had every right to request that the image be pulled down.
Imagine for a moment that American Greetings had lost a court case regarding the name "Strawberry Shortcake" because it had not demonstrated that it vigorously defended its rights to that name, and that the topic was being discussed on slashdot. The first post in that forum would be "American Greetings should have protected its rights pursuant to the trademarked name. It's their own fault for not being diligent." (do some slashdot research; it shouldn't be too hard to find examples that illustrate this point)
Let's try a bit of consistency for once, instead of jumping on the anti-corporation bandwagon.
As usual, the lawyers are not at responsible here. They are the lap dogs of the corporation. Let's talk to the people who are going to be most affected and who are most responsible.
For example:
Spira, James C.
Director and COO at American Greetings
As of 2003-01-06 Reported to own 210,000 shares of American Greetings. As of this post, his holdings are probably worth approx 2.95 million USD.
List of Officers at American Greetings
But it should be noted that currently American Greetings is in the process of changing their executives, so it's unclear who would actually be responsible for these kinds of positions/acts.
Insider Trade Filings for American Greetings (Give you an idea of who's interested in making money off the stock)
Z.
Had he instead written a new melody to go along with his altered lyrics, I think he might not have needed to ask permission.
Had he done the above, I believe he would have written an entirely original song, and there would obviously be no need to get permission.
Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
I understand your legal point, but surely PA's drawing IS a parody of American Greeting's original character?
It clearly picks out the absurdity of the original's cuteness and lack of sex-appeal and the fact that the character never grows up or misbehaves, and parodies these points by giving her curves, age and a bad attitude.
If the references to Mr McGee were removed, the comic would still function as a humorous visual parody of the work American Greetings is claiming it infringes.
I suggest PA put the picture back up, but change the words to read "What if Strawberry Shortcake was as nasty as American Greeting's Lawyers?"
This would clearly be a parody of the material in question.
A pizza of radius z and thickness a has a volume of pi z z a
Pan of child vigiourously tugging mom through toy department. [mom looks haggard.]
.. we're going to be late.'
.. thank-you.
Mom: 'Honey, just pick something out
Child: 'It has to be just right mommy, It susie's birthday, its important.' [earnest child psudo-whine voice.]
Mom: 'How about this one?' Picking up Strawberry Shortcake Doll
Child: (looking stern) 'Now mommy, we can't buy HER , her manufacturer supresses free speech by threatening to persecute adult parodies of it on the web!'
[Jerking record sound, freeze frame on the kid looking reproachful.]
Announcer: Are your children more concerned with their civil rigths than you are ? Make a difference, donate to the EFF. We're looking out for you.
*bows* thank-you
--Ne auderis delere orbem rigidum meum, non erravi pernicose!