Google Asks Booble To Cease And Desist

cosmodemonic writes "The folks at Search Engine Journal have the low-down on a cease and desist order that Google has sent to the porn search engine/Google parody Booble. It seems that, although Booble is claiming to be a parody (which is protected under law), Google is flexing its muscle because of the marketability of the parody." Search Engine Journal makes the reasonable suggestion: "Recent rulings may favor Google in the case, since Booble may be trying to profit from the marketability of the parody."

Comments

Marketable Parodies?

[MaestroSartori]

Like Spaceballs, Hot Shots, etc? Since when was making money off of a parody such a bad thing, as long as there is no mistaking it for the original?

Re:Marketable Parodies?

[WegianWarrior]

Since when was making money off of a parody such a bad thing, as long as there is no mistaking it for the original?

The point of the C&D letter, as I read it, is that Google's lawyers don't believe that Booble is a parody - but rahter that they use the "look and feel" of Google on their searchengine. To qoute: "We have recently become aware of your website at http://www.booble.com (the Domain Name). This Domain Name is confusingly similar to the famous GOOGLE trademark. Your web site is a pornographic web site. Your web site improperly duplicates the distinctive and proprietary overall look and feel of Google's website, including Google's trade dress and the GOOGLE logo." and "We note that you have given interviews to the press in which you state that you intended booble.com to be a parody. We dispute your assertion that your website is a parody. For a work to constitute a parody, it must use some elements of a prior author's composition to create a new one that, at least in part, comments on the original author"s works. See Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569. Your website does not comment on the Google website at all; it merely uses the Google look and feel and a similar name for a search engine.". So, if the Booble site _isn't_ a parody, it's perfecly allright to send them a C&D-letter. If it _is_ a parody, they are protected under free speach.

Question is... who decide if something is a parody or not?

Re:I hope they lose

[tgma]

Well, I agree with you about parody, but there is really nothing creative about this - they've just borrowed the look of Google to create a porn portal.

Unless there is some very subtle joke here, I think that Google have a point. If Booble were using its revenues to say, fund free speech sites which are suppressed (allegedly) by Google in China, then that would represent some sort of statement. I don't see that Booble is making a statement, except that they are cheekily borrowing someone else's artwork to make money. Not exactly mass murder, as crimes go, but trademarks are legally protected for a reason.

Re:Movies

[JaredOfEuropa]

What about parody movies like space balls? Can Lucas sue them because they made money?

That's not the point, despite the fact that it came up in the article. In the case of Spaceballs, and the parodies by Weird Al for example, the works themselves are the parody. In the Booble case, the content is not intented as a parody but as a 'serious' service that they hope to exploit profitably.

The Booble people hope to capitalise on the marketability of the name; to claim that the name is a parody is a sad excuse. I could, for example, start manufacturing cars, call the company Dorkswagen, and claim that it's 'only a parody of Volkswagen' when challenged about the similarity of the names.

Why this isn't bad

[AltControlsDelete]

I understand that the spate of frivilous and poorly thought out litigation that has swept over the Internet in the past few years has made everyone who appreciates the freedom that the net offers cringe when they see lawsuits and C&Ds like this one. However, Google's concerns don't appear to be unfounded.

The comments that I've seen so far have been quick to point out that parodies such as Spaceballs and Hot Shots! made money and were protected, but the analogy falls down quicky, in my opinion. The Booble site looks exactly like Google, and the only indication (from the front page) that you're not dealing with the same company and the same search technology is the fine print at the bottom of the page that Joe Internet User couldn't read and understand if he wanted to. Going back to the film parody analogy, Booble's parody of Google would be akin to Mel Brooks casting Mark Hammill, Carrie Fisher, and Harrison Ford in Star Wars Episode VII: Spaceballs and creating a film that looked and felt like it fit in the series, while providing a small disclaimer at the beginning that it wasn't affiliated with the franchise.

Most litigation and "big guy ordering little guy to C&D" that we see is bad and hurts everybody, but there are still times when it's legitimate. I submit that Google has done what it had to do in this case, and that we shouldn't all immediately run to back the little guy without considering the situation.

$$Parody

[Tarwn]

Several posts have questioned the difference between a parody making profit and the site in question. Besides the obvious RTFA, there is a rather large gap between the movies/songs suggested and the site in question.

Parody's are allowed to make money, there is no problem with that. The distinction lies in whether the parody makes money (attention, whatever) due to it's own content or due to the content of it's predecessor. A successful parody uses it's predecessor as a starting point but, in order to be successful paradoy, must have it's own message, generally humor.

Example: Song x makes a few million dollars. As a form of art another artist creates song y based on the original song x. People hear song y on the radio (stream, etc) and decide to buy (download, etc) song y because they like it. Or in simplest terms, they purchase/download/acquire song y due to it's own merits, not necessarally due to the merits of the original.

In the case of the site in question, they have used the notoriety of the original to create business for themselves. They are not creating a commentary or derived work to be successful or not on it's own two feet. The goal of Booble is not to make a commentary/etc on Google, but to use the image of Google to sell their own product. The fact that it is Porn meens nothing, it would be no differant than if I started up a searchsite called Wooble, used a very similar front-end, etc. to search for Small Furry Animals.

I would submit that the closest I have seen to an actual google paradoy would probably be elgoog, though even that would be stretching the definition of parody as I see no real commentary in Elgoog, only nifty "See what I can do"-ity.