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Barney Surrenders To the EFF

davidwr writes, "Earlier this year, EFF sued the Barney the Dinosaur people for harassing a Barney parody web site. Well, Barney finally surrendered, err I mean, learned to share. For more, read the case history at the EFF site."

125 comments

  1. this is a 'Good Thing'... by zappepcs · · Score: 2, Funny

    oh, and if you have tried to trademark 'Good Thing' don't worry, I won't sue....

    Its good to see the EFF winning anytime... everyone should support them

  2. Hang on, wait.. by QuantumG · · Score: 5, Funny

    The EFF actually won a case? What, did they get new lawyers or something?

    --
    How we know is more important than what we know.
    1. Re:Hang on, wait.. by Lemmy+Caution · · Score: 4, Funny

      They're like the Imperial Stormtroopers of litigation.

    2. Re:Hang on, wait.. by Neoncow · · Score: 5, Funny

      Well, they were up against Barney the Dinosaur.

    3. Re:Hang on, wait.. by marcello_dl · · Score: 0, Troll

      Yeah that sounded unlikely... well, unless Barney is French.

      --
      ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
    4. Re:Hang on, wait.. by Anonymous Coward · · Score: 2, Funny

      What, do they get owned by teddy bears too?

    5. Re:Hang on, wait.. by rubycodez · · Score: 4, Funny

      good thing they were up against Barney's Trek redshirts of litigation

    6. Re:Hang on, wait.. by ntk · · Score: 5, Informative

      Sigh. Is that old "Bonhomie Snoutintroff" canard still kicking around? A story that gave as its warped reasoning for the idea that "EFF always loses" two cases that EFF didn't actually conduct (Eldred v. Ashcroft and Gilmore v. Gonzales), and one that we actually won: ("They defended two amateur online journos against Apple's ham-fisted effort to silence criticism, and got beat down severely: another bad precedent." - odd, that's not quite what the Appeals Court decided when the California state appeals court upheld our defence, and held that our clients were protected by California's reporter's shield law and the constitutional privilege against disclosure of confidential sources: http://www.eff.org/Censorship/Apple_v_Does/ ).

      And as to the Snoutintroff claim we somehow "persuaded" Ed Felten to withdraw from a talk as a media stunt, it's worth reading what Felten himself had to say about that period. Chilled speech, baseless legal threats, people losing jobs because they stand up for their right to reveal security flaws. That's what EFF fights.

      It's worth spending time reading EFF's actual track record - either from our list of victories, or from the Wikipedia list.

      (Or hell, just read our press releases from the last week where we were filing an amicus brief to defend constitutional protection for stored email, began a case to investigate and correct some 18,000 missing votes in an apparent e-voting mess-up in a Florida seat that was won by less than 400 votes, and filing an FOIA request to uncover the details of EU passenger records being handed over to the US government. And that's what we did on a Thanksgiving week - with a staff of around 30, and a budget that's a fiftieth of the size of the ACLU, and a twentieth of what the MPAA spend on Washington lobbying alone. And consider becoming a member if you're impressed - you have no idea how much every extra membership helps, nor how much there is left to do.)

    7. Re:Hang on, wait.. by ClamIAm · · Score: 1

      Are you sure you understand what you're dealing with?

      (I get bonus point for using the actual website the case is about)

    8. Re:Hang on, wait.. by Anonymous Coward · · Score: 0

      Hey, your link didn't work!

    9. Re:Hang on, wait.. by Anonymous Coward · · Score: 0

      meaning they miss 98% of the time too?

    10. Re:Hang on, wait.. by Anonymous Coward · · Score: 0

      Yeah but can he kick Barney's ass like *my* uncle?

    11. Re:Hang on, wait.. by ntk · · Score: 4, Informative

      Which is why I gave the Wikipedia list too. It's pretty comprehensive; I'm sure there are omissions, but it should give you an idea of the ratio of successes -- something that the original piece didn't even attempt. If somebody wrote a piece claiming that it was obvious your uncle was a bad gambler, and included bets he hadn't made, and some he didn't lose, wouldn't you be suspicious of the conclusion?

    12. Re:Hang on, wait.. by Anonymous Coward · · Score: 1, Informative

      No, but that's not the issue. The issue is that the EFF website doesn't provide a list of cases they have fought and which ones they have won, it only provides a list of victories.
      Which. Is. Why. He. Also. Linked. To. The. Wikipedia. List.

    13. Re:Hang on, wait.. by ntk · · Score: 1

      Of course - what a perfectly reasonable and logically grounded conclusion to draw. Thanks for your input.

    14. Re:Hang on, wait.. by OldManAndTheC++ · · Score: 2, Funny

      They're like the Imperial Stormtroopers of litigation.

      "TK-421, why aren't you at your desk?"

      --
      Soylent Green is peoplicious!
    15. Re:Hang on, wait.. by Reverend528 · · Score: 1

      Hopefully this will get their spirits up for battles against bigger Dino saurs.

    16. Re:Hang on, wait.. by Anonymous Coward · · Score: 0

      as opposed to their previous Inferial Troopers...

    17. Re:Hang on, wait.. by Redlazer · · Score: 1, Redundant
      I, for one, welcome our teddy bear overlords.

      -Red

      --
      Guns don't kill people, "with glowing hearts" kills people.
    18. Re:Hang on, wait.. by Redlazer · · Score: 1
      As amusing as it may be to kick the underdog (I do enjoy making fun of French people), I do appreciate the work EFF has done, or is at least trying to do, for whatever it may be worth.

      After all, they could be on the RIAA's side, in which case wed all be screwed.

      -Red

      --
      Guns don't kill people, "with glowing hearts" kills people.
    19. Re:Hang on, wait.. by TooMuchToDo · · Score: 1

      It's things like this that keep me contributing to the EFF. Thank you for your efforts.

    20. Re:Hang on, wait.. by Puff+Daddy · · Score: 2, Informative

      Learn. To. Read. Things. And. Not. Just. Be. An. Asshole. The. Wikipedia. List. Includes. Defeats. Idiot.

    21. Re:Hang on, wait.. by Anonymous Coward · · Score: 0

      So, what? They shouldn't bother standing up and fighting these things in court just in case they lose and risk setting a bad legal precedent? Nice logic.

      To the original poster from the EFF - a lot of us here and elsewhere actually appreciate your efforts, take no notice of these jackasses. I don't see them putting their time, effort and money with their mouths are, all they are doing is bitching and whining on Slashdot. [insert special Olympics analogy here].

    22. Re:Hang on, wait.. by el+americano · · Score: 1

      That's not begging the question. Really. Look up "begs the question."

      --
      Those are my principles. If you don't like them I have others. -Groucho Marx
    23. Re:Hang on, wait.. by QuantumG · · Score: 0, Troll

      Yeah. You're mocking a well established legal principle: if you're gunna lose, settle, cause it's better to pay to get out than it is to set a bad legal precident.

      --
      How we know is more important than what we know.
    24. Re:Hang on, wait.. by Anonymous Coward · · Score: 0

      Yes, luckily for them, they were going up against a stupid purple reptile.

    25. Re:Hang on, wait.. by Icculus · · Score: 1

      hey, stop posting on slashdot and write another newsletter dammit!

    26. Re:Hang on, wait.. by N3Roaster · · Score: 1

      And here I was thinking you were going to link here.

      --
      Remember RFC 873!
    27. Re:Hang on, wait.. by Puff+Daddy · · Score: 1

      Wait just a god damn minute. I tried to defend the EFF and you're accusing me of siding against them. I was replying to a post claiming the EFF tried to cover up defeats by pointing out that the Wikipedia article includes defeats as well as victories. [insert you're an asshole analogy here]

    28. Re:Hang on, wait.. by Puff+Daddy · · Score: 1

      Sorry to double reply, but I just noticed that you were not replying to my post. The GP was at -1 and I didn't see it. I did stop to wonder when I had mentioned legal precedent...

  3. Finally, a success against copyright bullshit! by JoshJ · · Score: 4, Interesting

    Someone get these lawyers on the RIAA's case. The sooner we're rid of copyright abuses, the sooner we can put a sane system in place. Though the other way around may work better.
    Actually enforcing fair use is a good start.

    1. Re:Finally, a success against copyright bullshit! by cultrhetor · · Score: 2, Insightful

      What does enforcement of actual "fair use" have to do with enforcing piracy claims? The RIAA suits are a different ball of wax.

      --
      "Tu fui, ego eris" - Virgil
    2. Re:Finally, a success against copyright bullshit! by JoshJ · · Score: 2, Insightful

      Step 1: Recognize fair use Step 2: Recognize that the copyright laws (and patent laws, but that's another matter) as they exist today are ridiculous Step 3: REFORM!

    3. Re:Finally, a success against copyright bullshit! by BootNinja · · Score: 1

      You forgot Step 5. Profit!!!

    4. Re:Finally, a success against copyright bullshit! by JoshJ · · Score: 1

      Actually, they'd stop profiting from this bullshit, but that's a profit for society. I guess it depends on who you ask.

  4. Singalong by Shadow+Wrought · · Score: 5, Funny

    I love you, you love me,
    This is bestiality...

    --
    If brevity is the soul of wit, then how does one explain Twitter?
    1. Re:Singalong by vwjeff · · Score: 4, Funny

      I sue you, you sue me.

    2. Re:Singalong by mrbcs · · Score: 1
      Or from my rock & roll days...

      I hate you, You hate me, We're a dysfunctional family!

      --
      I'm not anti-social, I'm anti-idiot.
    3. Re:Singalong by nickheart · · Score: 1
      You want to start up school-yard Barney parodies...*clears thought*

      (to the tune of Yankee Doodle)

      Barney is a Dinosaur,
      'Looks like a grape on steroids.
      He turns young kids' brains into mush
      And gives old people hemeroids.

      fin.

    4. Re:Singalong by StikyPad · · Score: 1

      What's with all the legalese?

    5. Re:Singalong by Irishkayaker · · Score: 1

      I sue you, you sue me.

      lawyers make lots of money,
      the bastards.

  5. From the settlement agreemenr ... by foobsr · · Score: 4, Informative

    "... Conditioned upon the parties' compliance with the terms and conditions of this Agreement, the parties, and their respective officers, directors, agents, servants, employees, parents, subsidiaries, affiliated companies, attorneys, successors and assigns, hereby release each other from any and all claims, demands, damages, losses, liabilities, rights or causes of action, including but not limited to any claim for attorneys fees, arising out of or relating to the Action and/or the allegations asserted therein. ..."

    Reading this please make your own conclusions about the inner structure of the underlying legal system (IMAGINE YOU WOULD STRUCTURE CODE THE SAME WAY!).

    cc.

    --
    TaijiQuan (Huang, 5 loosenings)
    1. Re:From the settlement agreemenr ... by LiquidCoooled · · Score: 3, Funny

      The code might not look this way, but the EULA sure does.

      --
      liqbase :: faster than paper
    2. Re:From the settlement agreemenr ... by Carnildo · · Score: 5, Informative
      "... Conditioned upon the parties' compliance with the terms and conditions of this Agreement, the parties, and their respective officers, directors, agents, servants, employees, parents, subsidiaries, affiliated companies, attorneys, successors and assigns, hereby release each other from any and all claims, demands, damages, losses, liabilities, rights or causes of action, including but not limited to any claim for attorneys fees, arising out of or relating to the Action and/or the allegations asserted therein. ..."

      Reading this please make your own conclusions about the inner structure of the underlying legal system (IMAGINE YOU WOULD STRUCTURE CODE THE SAME WAY!).


      Reading this sort of legalese is actually quite simple: whenever you see an agglomeration of terms like that, read the first one, and mentally replace the rest of them with "or similar". It's actually quite similar to programming, since you need to explicity enumerate the cases. Neither computers nor lawyers are very good with fuzziness.

      The code equivalent would be

      if(is_party($complainant) || is_party_director($complainant) || is_party_agent($complainant) || is_party_servant($complainant) || is_party_employee($complainant) || is_party_parent($complainant)....)

      Yes, you need to include all the clauses in order for the if() statement to work properly.
      --
      "They redundantly repeated themselves over and over again incessantly without end ad infinitum" -- ibid.
    3. Re:From the settlement agreemenr ... by nosredna · · Score: 4, Insightful

      To be more accurate, lawyers are very good with fuzziness. That's why you never ever ever ever want to leave them any to exploit.

    4. Re:From the settlement agreemenr ... by Pig+Hogger · · Score: 2, Insightful
      "... Conditioned upon the parties' compliance with the terms and conditions of this Agreement, the parties, and their respective officers, directors, agents, servants, employees, parents, subsidiaries, affiliated companies, attorneys, successors and assigns, hereby release each other from any and all claims, demands, damages, losses, liabilities, rights or causes of action, including but not limited to any claim for attorneys fees, arising out of or relating to the Action and/or the allegations asserted therein. ..."
      Reading this please make your own conclusions about the inner structure of the underlying legal system (IMAGINE YOU WOULD STRUCTURE CODE THE SAME WAY!).
      Oh, that's easy:
      Compliance(Terms_Conditions(Agreement));
      Conditio n(Parties || '/.*/g');
      Release('/.*/g' || claims('/.*/g'));
    5. Re:From the settlement agreemenr ... by zurmikopa · · Score: 2, Funny

      So perhaps all legalese needs to be comprehendable is proper indenting (and maybe some syntax highlighting).

    6. Re:From the settlement agreemenr ... by i_ate_god · · Score: 1
      if(is_party($complainant) || is_party_director($complainant) || is_party_agent($complainant) || is_party_servant($complainant) || is_party_employee($complainant) || is_party_parent($complainant)....)


      I think I would rather do this:

      // Make this a nice neat config file and include it obviously
      @parties = (respectiveOfficers,directors,agents,servants,empl oyees,parents,subsidiaries,affiliatedCompanies,att orneys,successors,assigns);
      if (in_array(@parties, $complainant))
      {
      die('released each other from any and all claims, demands, damages, losses, liabilities, rights or causes of action, including but not limited to any claim for attorneys fees');
      }


      Ok, so that MAY look like perl, and MAY use a php function, but you get the jist of it
      --
      I'm god, but it's a bit of a drag really...
    7. Re:From the settlement agreemenr ... by fimbulvetr · · Score: 1

      hump notation? in perl?

      DIE!!!!

    8. Re:From the settlement agreemenr ... by i_ate_god · · Score: 1

      I already put a disclaimer up about that, what more do you want from me! :(

      --
      I'm god, but it's a bit of a drag really...
    9. Re:From the settlement agreemenr ... by LiquidCoooled · · Score: 1

      I think perhaps the following should proceed every code posting by users here:

      "... Conditioned upon the parties' compliance with the terms and conditions of this Comment, the parties, and their respective officers, directors, agents, servants, employees, parents, subsidiaries, affiliated companies, attorneys, successors and assigns, hereby release each other from any and all claims, demands, damages, losses, liabilities, rights or causes of action, including but not limited to any claim for attorneys fees, arising out of or relating to the Action and/or the allegations asserted therein. ..."

      --
      liqbase :: faster than paper
    10. Re:From the settlement agreemenr ... by foobsr · · Score: 1
      Compliance(Terms_Conditions(Agreement));
      Conditio n(Parties || '/.*/g');
      Release('/.*/g' || claims('/.*/g'))

      This would read more like: "Both parties agree to withhold from any further action regarding the case in focus.". That is, you have predefined classes (lists, maybe objects, whatever) that you do not care to reiterate (what lawyers, as the example shows, obviously need to do, which fosters the implication that the system is highly inefficient).

      Perhaps lawyers should be run through some formal language education.

      CC.
      --
      TaijiQuan (Huang, 5 loosenings)
    11. Re:From the settlement agreemenr ... by foobsr · · Score: 1

      Neither computers nor lawyers are very good with fuzziness.

      Computers may be more flexible.

      CC.

      --
      TaijiQuan (Huang, 5 loosenings)
    12. Re:From the settlement agreemenr ... by macemoneta · · Score: 2, Funny
      Oh, that's easy:

      Compliance(Terms_Conditions(Agreement));
      Condition(Parties || '/.*/g');
      Release('/.*/g' || claims('/.*/g'));

      Well why didn't they just say that? Sheesh, lawyers make everything so complicated. If laws were written this way, you could replace the judicial system with a compiler. Ah.

      --

      Can You Say Linux? I Knew That You Could.

  6. Re:Can it be? by Anonymous Coward · · Score: 0

    No, Kerry, you're doomed to second.
    Quoth Judge Smails: "Well, the world needs ditch diggers, too."

  7. HIS Lawyers.. surrendered. by Anonymous Coward · · Score: 2, Funny

    It was his lawyers that surrendered, those damn slackers.. Barney will be out kicking ass and giving hugs in no time.

    1. Re:HIS Lawyers.. surrendered. by Jello+B. · · Score: 5, Funny

      And he's all out of hugs.

  8. barney's revenge... by Bananatree3 · · Score: 4, Insightful

    I quote the famous barney addage:



    I love you,
    You love me,
    We're a happy family,
    with a great big hug,
    and a kiss from me to you,
    Won't you say you love me TOO!

    I love you,
    You love me,
    We're best friends like friends should be,
    With a great big hug,
    And a kiss from me to you,
    Won't you say you love me too


    I guess Barney is one of those Dr. Jekyll and Mr. Hyde kind of guys with a split personality. While he sings sweet happy songs to young children who absolutely adore him, he has a darkside he shows to those who don't like him. When someone doesn't respect the lines "We're best friends like friends should be", and "Won't you say you love me TOO", the big purple dinosaur sends them the not-so cuddly wrath of the purple-D's lawyer team.
    1. Re:barney's revenge... by zip_000 · · Score: 2, Funny

      I prefer SmootchY songs:
      "My Stepdad's Not Mean (He's Just Adjusting.)"
      KIDS:
      'Stepdads are people too/ They
      have bad days, like we all do/
      Be patient and help them through/
      Stepdads are people too...'

      SMOOCHY:
      (singing) ... 'So three cheers for the man
      that I proudly call Stan... He's
      not quite a dad or a brother...
      Yes, he gets cross, but still he's
      the boss... And besides he takes
      care of my mother!'

      SMOOCHY:
      Remember, kids. First
      impressions, good or bad, are not
      always what they seem. Just like
      a new puppy, new dads need to
      adjust to their surroundings. So
      give 'em time! But always
      remember... if he becomes abusive
      to you or Mommy... what are the
      magic numbers?

      KIDS IN BLEACHERS(shouting in unison: Nine-One-One!
      SMOOCHY: Right-o-riffic!

    2. Re:barney's revenge... by Anonymous Coward · · Score: 0
    3. Re:barney's revenge... by RyuuzakiTetsuya · · Score: 1

      i never knew barney was "The Merch."

      --
      Non impediti ratione cogitationus.
    4. Re:barney's revenge... by Profane+MuthaFucka · · Score: 1

      Oh FUCK I just had one of those fever-chills that you get when you're past a certain age and you realize that you're losing it. In this case it was caused by the realization that I have forgotten what a THAC0 is. Ahhhh fuck.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    5. Re:barney's revenge... by irenaeous · · Score: 1

      I hate you
      You hate me
      Let's hang Barney from a tree
      With a stab in the back
      And a bullet to the head
      Aren't you glad that Barney's dead?

  9. Confused? by edwardpickman · · Score: 2, Funny

    I thought Barney was a parody? Isn't a parody website redudant?

    1. Re:Confused? by undeaf · · Score: 4, Funny

      No, it's recursive. Haven't you ever wanted a beowulf cluster of beowulf clusters?

    2. Re:Confused? by Anonymous Coward · · Score: 0

      Where I come from, we call that a grid.

  10. You don't want to sue us anymore... by Anonymous Coward · · Score: 3, Informative

    http://www.textfiles.com/art/barney.txt ...Subliminal Barney has spoken. (anyone remember this classic?)

    1. Re:You don't want to sue us anymore... by 9Numbernine9 · · Score: 1
      http://www.textfiles.com/art/barney.txt ...Subliminal Barney has spoken. (anyone remember this classic?)

      I couldn't get that to compile with 'use strict'. Any suggestions?
       
      :-)
      --
      Illegitimi non Carborundum.
  11. Barney isn't stopped! by autophile · · Score: 5, Interesting
    While the Big Bad Barney has agreed not to pursue Frankel any longer, the settlement document on the EFF website does not claim that Barney will not try to harass anyone else. Apparently Barney has to pay Frankel $5,000, which is a drop in the bucket. Barney will probably accept the risk of going after other, more likely to be intimidated, sites.

    --Rob

    --
    Towards the Singularity.
    1. Re:Barney isn't stopped! by Anonymous Coward · · Score: 2, Interesting

      Actually, going after a "likely to be intimidated" site is exactly what Lyons was doing. The EFF stepped in to help "the little guy". Unless the EFF agreed not to involve themselves in future litigation, Lyons will always have to face the risk that the EFF will sue.

    2. Re:Barney isn't stopped! by multisync · · Score: 3, Interesting
      Barney will probably accept the risk of going after other, more likely to be intimidated, sites.


      From the EFF's response to the Barney lawyers:

      Finally, we would like to remind you that New York State Code of Professional Responsibility DR 7-102 [1200.33] and Federal Rule of Civil Procedure 11 provides for sanctions for litigation undertaken without support in existing law or sufficient evidentiary support.


      IANAL, but if the law firm sending me a C&D was from New York, I would find the above very interesting.
      --
      I don't care why you're posting AC
    3. Re:Barney isn't stopped! by darkonc · · Score: 1
      The EFF is only representing Frankel in the suit. If Barney tries to stomp on another web site, the EFF should have no problem representing any future harassee as well.
      Unless the EFF agreed not to involve themselves in future litigation, Lyons will always have to face the risk that the EFF will sue.
      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    4. Re:Barney isn't stopped! by geckoFeet · · Score: 4, Informative

      The way EFF explained it to me (I'm Frankel or, as EFF and my mother call me, Dr. Frankel. Also my old school when they're asking for money), if Lyons (the Barney company) keeps sending around nastygrams, that will establish a pattern that courts will probably look on very unfavorably. And the $5000 may be a drop in the bucket to them (it goes to EFF, incidentally), but the negative publicity was priceless. EFF would love to represent any future recipients of Barney's nastygrams.

  12. EFF was Bound to Win by MrCrassic · · Score: 5, Insightful

    ...because this case had no basis.

    Even though I really hate Britney Spears, I must admit that before she got pregnant, she actually looked kind of hot. However, after she got pregnant, she gradually turned into a monstrosity (or was it years of lyrical and systematic infection of our American youth finally striking back...?). If the value premise of the case were true, that meant that if I used Photoshop to exaggerate her hideous appearance to blatant unrealistic proportions, then posted it back on my MySpace, I have used the image of Britney Spears illegally under copyright law and will be subjected to all sorts of governmental discipline. Does this make any sense?

    I'm glad that the court realized the flawed logic of this case. It would have been a shame if that person had to pay some consequence solely for using merely the image of a character humorously (or not). I knew the dinosaur had some evil in it...

    1. Re:EFF was Bound to Win by Anonymous Coward · · Score: 0

      Arg, I didn't come to Slashdot to hear about Britney Spears and Myspace.

    2. Re:EFF was Bound to Win by maxume · · Score: 2, Interesting

      The wheels on the bus go:

      http://thesuperficial.com/2006/11/britney_spears_b oobs_are_huge.html

      but then they come right back round(Not at all safe for work, in any way):

      (again NSFW!)

      http://thesuperficial.com/2006/11/britney_spears_r eally_wants_yo.html

      Not that she looks all that fantastic in the first set; the second set is just hilarious though.

      --
      Nerd rage is the funniest rage.
    3. Re:EFF was Bound to Win by StikyPad · · Score: 1

      Then you've come to the wrong place, sir.

    4. Re:EFF was Bound to Win by Anonymous Coward · · Score: 0
      However, after she got pregnant, she gradually turned into a monstrosity (or was it years of lyrical and systematic infection of our American youth finally striking back...?).


      Actually, I'm pretty sure this was bound to happen no matter what.
    5. Re:EFF was Bound to Win by Anonymous Coward · · Score: 0

      (Score:2, Interesting)

      Only on Slashdot.

    6. Re:EFF was Bound to Win by l0cust · · Score: 1

      Even though I totally hate the idea of spilling anything hot over me, the idea of Natalie Portman pouring hot grits in my pants seemed kind of hot. However, after scalding myself with engine oil once, and seeing a picture of her with one hand inside the jeans and scratching her ass, the fantasy has turned into a nightmare.

      If the value premise of the case were true, that meant that if I used Photoshop to put a bowl of hot grits in her hands and blatantly put my back in place of her, then linked to it on slashdot, I would have used the image of Natalie Portman illegally under copyright law and will be subjected to all sorts of governmental discipline.

      Does this make any sense? Yes. But is it of any relevance to the case except in some fucking remote weird sense? No. Is Natalie Portman hotter than Britney Spears? Yes.

      gg

      --
      Politicians and Pedophiles: Two groups of exploitive bastards who are most dangerous when they're thinking of children.
  13. OMG by BlahSnarto · · Score: 4, Interesting

    You know ive had one of the shittiest days
    in my life, this made me laugh out loud..

    i dont know why...

    but thanks ;)

  14. sing along by Some_Llama · · Score: 0

    I hate you, you hate me, we all hate tele-tubbies.. do I owe the that old man some money now?

    1. Re:sing along by Anonymous Coward · · Score: 0
      Like all of Barney's songs, this tune was ripped off from another song; in this case "This old man." Funny how a franchise that makes a living off of borrowing other people's intellectual property can be so adamant about copy right... oh, that's right, the copyright has expired on those songs, so it's perfectly ok -- if you're a lawyer.

      At any rate, parodying any of Barney's songs is ok, just claim you are parodying the original, not Barney's rip-off.

  15. Am I the only one here by WilliamSChips · · Score: 2, Funny

    who thought of the policeman from Half-Life 2 before reading the summary?

    --
    Please, for the good of Humanity, vote Obama.
    1. Re:Am I the only one here by popeye44 · · Score: 1

      Well if it helps.. I thought of Barney from the first Half Life.. because everyone called em that but I don't think they had a name hehe.

      --
      Inane Comments are Generously Disregarded
    2. Re:Am I the only one here by Andrew+Kismet · · Score: 1

      "The EFF? Is that the group that took over the Combine or somethi... oh, wait, it's just the nice people with the inept lawyers."

  16. Remember, kids, Sharing is Caring! by WillAffleckUW · · Score: 1

    and have a big sloppy hug from Me to You!

    --
    -- Tigger warning: This post may contain tiggers! --
  17. Britney Lost by Anonymous Coward · · Score: 1, Informative

    Agreed on Britney. I don't even recognize her face any more. Just look at these. Looks nothing like her in the second pic.

    1. Re:Britney Lost by JoshJ · · Score: 1

      BARF!
      (Warning: the above link contains NSFW images.)

    2. Re:Britney Lost by tehcyder · · Score: 1
      Agreed on Britney. I don't even recognize her face any more. Just look at these. Looks nothing like her in the second pic.
      Face? Oh, sorry, I was distracted there.
      --
      To have a right to do a thing is not at all the same as to be right in doing it
  18. No parallel with most RIAA cases by Virtual_Raider · · Score: 2, Interesting
    IANAL. This is a case of fair use, whereas most RIAA cases are for copyright infringement. In the Barney case the purple lawyers wanted to make it appear as if this guy was making illegal reproductions of copyrighted work, which he was not.

    "Piracy" copyright infringement means that you are unlawfully stepping over somebody's exclusive "right to copy", that is, to produce duplicates of a work. When the RIAA sues (whether with merit or not) they claim that you are illegally making a copy of something for which you don't have the right to reproduce. If I download a song from a P2P network for which I didn't pay the legal copyright holder for the rights to do so, then I'm breaking the law because I created a copy without authorization.

    If I make a copy of a CD that I purchased through legal channels (including second-hand purchases) and then make a copy of that its fair use.

    Parody is somewhat different because I'd be producing a copy or an altered copy of something in order to make a statement. In this case, what matters is not the copy itself but the intent. In the case of the music it's the other way around because one wants to have an exact replica of the "original".

    Please, if you reply to this, take into account that I'm not saying whether I'm for or against the status quo, merely trying to depict it.

    --
    +Raider of the lost BBS
  19. What a significant case! by Anonymous Coward · · Score: 1

    Making fun of a silly children's character is an important right we wouldn't want to lose. I'm glad they didn't spend their time and money on less important issues.

    1. Re:What a significant case! by hey! · · Score: 1

      Making fun of a silly children's character is an important right we wouldn't want to lose.


      Which is a statement more true than you intend it to be. Otherwise, it would follow that we want some branch of government deciding what topics are the proper objects of satire.
      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  20. Ye Olde Skoole. by Darlantan · · Score: 2, Funny

    I've got you both beat. My first mental image was of Barney Fife furiously trying to load his single bullet into his revolver, dropping it, then throwing his hands into the air in front of a bunch of suit-clad agent types.

    Original Barney FTW.

    --
    Fill in your four or five-letter word of wisdom here _ _ _ _ _.
  21. Why not? by BishonenAngstMagnet · · Score: 0, Flamebait

    It's their copyright, why can't they sue?

    Mod me to -1: Flamebait all you want, but I don't care. I think it's absolutely stupid when someone sues over a copyright violation (which they are more than entitled to do), and the entire internet community goes "omg, information/music/images/barney should be free, no suing." Now of course I don't necessarily agree with this particular case; it was stupid to be suing over a parody site, and I do believe that parodies have a certain level of artistic freedom, but they do need to tread the line carefully between parodying something and defacement of that something.

    Basically, I thought it a stupid case, but a perfectly legitimate case nonetheless.

    1. Re:Why not? by DavidRawling · · Score: 1

      Someone should have modded you "-1 Idiot" because you failed to understand that the owner of the copyright sued a parody site. Parody is protected speech I believe (no, IANAL either) and the lawsuit therefore has no basis.

    2. Re:Why not? by Anonymous Coward · · Score: 5, Informative

      You mean, -1 Uninformed? Seriously, do you not even know what fair use is? Copyrights have limits, despite what copyright holders like to pretend. They are an artificial monopoly created to reward artists, not a God Given Right. Don't believe me? Here you go, the law itself. And before you get confused, parody is a form of "criticism" and "comment"--laws are always a bit vague because the world isn't black and white. Yes, there is also a limit to what is considered a parody, but parodies are legal. Determining if something is a parody is up to the courts.

      Obviously, I am not a lawyer and you should not use this as legal advice. Otherwise, I would have smacked you down with much more wit and knowledge, that which is gained from more than five seconds on google.

    3. Re:Why not? by posterlogo · · Score: 1

      I would argue that Barney is a celebrity. As such, he has no right to privacy WHEN HE PUTS HIMSELF IN THE SPOTLIGHT. Thus, it is fair game to make fun of him.

  22. I would hope code is structured in this way... by chrwei · · Score: 1

    ... because it's very thorough, covers all the bases for a way around exclutions. if only more coders were so diligent.

    take a look at a security update pach some time, in many cases the diff shows 5 lines of original code expanding to 10-15 lines of "secure" code, just to prevent a single type of exploit. that legalese manages to cover 11 types of expoits, if you will, in one single sentance. nice, i say.

    --
    - Disclaimer: Information in this post deemed reliable but not guaranteed.
  23. Five years ago, I got C&D'd by Barney... by oskay · · Score: 5, Interesting
    Five years ago I had a website with a collection of jokes collected from mid-1990s humor mailing lists. Naturally, there was a whole page of Barney jokes. The same stupid ones that you've seen a million times. You've seen all the song parodies (here, if nowhere else), and then there was the giant ASCII-art-Barney-being-killed-by-something. I think that it might have been a face hugger.
    At the time, the web site (for stupid, complicated reasons) was registered in my father's name. So, imagine my old man's surprise when one day HE gets a letter from Barney's lawyer threatening (purple) fire and brimstone. Without much of a good alternative, we caved. I was really, really mad, and I suppose that I still am. To this day, it's the only legal 'trouble' that any of my web sites have stirred up, which is actually somewhat surprising.

    Now that someone has finally stood up to the purple bully, can I finally dig into my old backups and put up the page of Barney jokes again? Whether or not Barney jokes are still relevant at the end of 2006, I suppose that I should, merely on principle.

    1. Re:Five years ago, I got C&D'd by Barney... by Anonymous Coward · · Score: 1, Informative

      Barney may not be your friend, but www.archive.org is.

  24. I love you... by leamanc · · Score: 1

    ...you love me, we're best friends like friends should be. Or apparently NOT!

    Dang, Barney, follow some of your own lessons. If my 18-month-old didn't love that purple freak so much, I'd be putting up a boycott. But as any parent of an 18-month-old will agree, anything that makes them happy is worth it.

    --
    :q!
    1. Re:I love you... by rossz · · Score: 1

      Oh come on. Tell the whole truth. Anything that keeps your kid from crying long enough for you to take a nap is f*ing miracle! :)

      --
      -- Will program for bandwidth
    2. Re:I love you... by Anonymous Coward · · Score: 0
      as any parent of an 18-month-old will agree, anything that makes them happy is worth it.

      Close, but not quite right. To be more accurate, "Anything that makes them shut the fuck up is worth it!" Try telling your kid "Either you stop what you're doing RIGHT NOW, or the purple dinosaur DIES!"

  25. OHMYGOD. by GeneralEmergency · · Score: 4, Funny



    I truly thought I would never live to see the day,

    I mean actually witness,

    SOMEBODY pulling FIVE THOUSAND DOLLARS OUT OF A DINOSAUR'S ASS!

    I can die in peace now.

    --
    "A microprocessor... is a terrible thing to waste." --
    GeneralEmergency
  26. Here's the site in question by ragingmime · · Score: 1

    The site they're talking about seems pretty harmless (and even a little immature), but I guess the case isn't about one particular site as it is about setting a precedent. Still, I think it's kind of silly that a bunch of high-powered lawyers spent so much time arguing about a Barney parody page.

    I'm glad the EFF won, and I'm glad the EFF exists, but there have to be more important problems to spend time and money on than this one - like human rights and hunger, to name a few. Nothing against the EFF... it's just that this whole case rates a 9 on the WTF? meter.

    --
    I produce electronic music and write little games. Have a look.
    1. Re:Here's the site in question by Anonymous Coward · · Score: 0

      What's more interesting is that almost all the links to external Barney parody sites from there are 404s now. Seems like most site owners bent over...

  27. Sing-A-Long by Anonymous Coward · · Score: 0

    All they needed was a sing-a-long. The one Barney episode I remember being forced to watch (in 1998 or so) had a part in it where he said:

    "Everyone wins with a Sing-A-Long!"

    I've been tormenting my friends (and fellow US Marines*) with that phrase ever since..

    (*yes really - 2171 Electro-Optics Repair, USMC 1st Battalion/8th Marines, Camp LeJeune NC, H&S Co. You would probably be suprised at the looks and laughs it gets to this day..)

    =)

  28. And the EFF's new lawyer just in for this case. by Overfiend1976 · · Score: 1

    Sir Charles Barkley.

    --
    This sig will self destruct in 5 seconds.
  29. I hate Barney and those child actors by DrXym · · Score: 1
    One thing I note from watching Barney is that it relies on child actors to play and sing along with Barney. It's so cynical. The kids aren't in awe of Barney, they're not meeting their hero, they're acting the part. It is a total cynical fraud. Those little brats queued up with dozens of brats and got the gig through a talent agency.

    By contrast when you see the kids run into Miss Hooley's school in Ballamory (for example), you know those kids really think they're meeting Miss Hooley for real. Or Sesame Street which had a few actors but usually had plenty who weren't, who really thought they were talking to Big Bird. There is something more powerful and innocent about that kind of kids TV.

    In summary Barney and his massive marketing machine sucks.

    1. Re:I hate Barney and those child actors by arifirefox · · Score: 2

      I hate it to break it to you but they were also acting. Even the people you see on the Geico commercials that claim not to be professional actors are really actors. It's all a lie.

      --
      Firefox Power http://firefoxpower.blogspot.com/
    2. Re:I hate Barney and those child actors by DrXym · · Score: 1

      Wrong, the kids in Ballamory are not actors - they're regular pre-school kids. As I said, I know there were a couple of child actors in Sesame Street but there were also many who weren't.

  30. Just remember... by dwiget · · Score: 1

    Barney is the Anti-Christ! I have this information from a highly reliable source... A security guard in front of a Barney display in the Las Vegas Hilton circa 1989. We saw the Barney display, said "No, not Barney!" and made the sign of the cross. The security guard calls us over and, after looking around to ensure no one else could hear whispered this information to us. Needless to say, we were ROFLOAO (rolling on the floor laughing our a__es off).

  31. Bloody Hell! by pottymouth · · Score: 1


    They better watch their ass! Barney's one mean bastard when you piss 'em off.

    Ean St Eian

  32. Re:HIS Lawyers.. surrendered. - wheaton photo by arbitraryaardvark · · Score: 1

    boingboing.net shows Barney getting his tail beat by some guy with a clever nick name, at an EFF function.

  33. EFF praise/criticism SUPPORT? by notdotcom.com · · Score: 1

    How about everyone take a minute to go become a member of the EFF? I just paid the 25 bucks. I would imagine a couple hundred slashdotters paying 15-25 bucks each (15 for a student) would help with their other projects as well. You will also get a cool sticker (I did). It's tax-deductible!

    --
    Grandpa: My Homer is not a communist. He may be a liar, a pig, an idiot, a communist, but he is not a porn star.