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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."
What about parody movies like space balls? Can Lucas sue them because they made money?
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American Weblog in London
What I find most interesting, from an unemotional viewpoint, is why we are so fussy about trademark, copyright and patent law.
If you think about it, we (and by we, I mean, the Europeans, Americans and Antipodeans among others) enjoy a standard of life far higher than our African/Aisan/South American counterparts. Why is this so:
Certainly oil and other natural resources play a significant role, but, I think the main thing that maintains the imbalance is patent and copyright law. People in third world countries can produce things for the same prices as we can - or even cheaper, market them in much the same way and can attain similar standards of education (the privileged few initially).
What keeps them "down in the hole" is the constant flow of money back to the aforementioned "lucky countries" who hold the patents.
So, if we start to let even the hint of trademark, copyright or patent violation start to occur, we risk a slow steady slide away from out massive privilege. Governments and courts must be aware of this and I believe that in certain cases they act accordingly.
I am not casting moral judgement here, beyond to say that most cultures tend to vehemently (and often brutally) protect their privileges.
Just an interesting sociological phenomenon methinks.
IANAL, but I think I see the line being drawn here.
Money can be made off of a parody, such as Spaceballs, because of the intent behind it - to make money directly from reaction to the parody.
Booble isn't doing that. Booble is using the name parody as an advertisement. They're trying to make money by using that as a pull, a gimmick, a trick.
Too bad Google probably has the name trademarked. Google now can use fair litigation to shut them down.
In other words: Google uses dark magics for good purposes, such as self-defense!
I can neither agree nor disagree with you entirely.
:)
Certainly the oppressive regime thing is another major factor. While lavish lifestyles of those at the tops of such administrational structure are undoubtably inequatable and morally reprehensible, I find it difficult to believe that they are a significant factor in the grand scheme of things. What certainly is a massive factor if we are talking standard of life for the general populace (and not the economy as a whole) is the overwhelming military spending that occurs in spite of lack of clean water (as you mention) and lack of decent sewerage facilities, healthcare etc etc... the list goes on and on but I would consider those to be at the top of the list.
You are also correct, IMHO, on the crippling debt, but, I maintain, the money flow due to patents is a significant one - essentially they allow foreign companies own and operate manufacturing plants and whatnot in less fortunate companies and take pretty much all the money out barring a few neagre sheckels for local wages and tax. Difficult to pay your debts when you don't get the full rewards for the product you are producing.
If you don't like my principles, I have others
Another somewhat (in)famous parody, Mark Jonathan Davis's "Star Wars Cantina," can't be sold (though this hasn't stopped it from getting a lot of radio airplay) due to Barry Manilow's lawyers threatening to sue. Even though it's a parody and protected under law, it's the old problem of the expense of a lawsuit trumping the rightness of it. He's taking donations for a legal defense fund against the time he might be able to try it anyway.
Editor Emeritus and Senior Writer, TeleRead.org
What they dont have is a viable legal system.
Without enfoceable contracts of any form, whether social or business, life is a struggle, and large social structures collapse from lack of foundations.
However, a viable legal system depends on enforceable law, and that requires the law to be a concept supported by the people. It is democracy that makes the law "something the people did for themselves", and a legacy of dictatorships and colonialism that teaches "the law is something evil people do to us".
Most people in Europe know that without contract law, there would be no food in the shops by the end of the week, so law is defended. Most people in Africa know the law is there to exploit them, so they dont respect it.
Its easy once you know ...
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