Slashdot Mirror
Best Buy Hands Out Cease & Desist Letters for Christmas
arrenlex writes "Improv Everywhere, a NY-based comedy group, was served a Cease & Desist notice by Best Buy for selling 'improv everywhere' shirts modeled after the blue Best Buy uniform. But that's not the interesting part. From the blog post: 'Here's where the story gets interesting. Today, Best Buy sent a C&D to our friend Scott Beale over at laughingsquid.com threatening legal action unless he removes the blog post referencing our shirts! They're threatening to sue someone for just covering the news story of the shirts!'"
Buy More is such a rip of Best Buy.
The American TV show, "Chuck", features a young guy who works at "Buy More", which is clearly a ripoff of BB. I don't watch the show but my girlfriend had it on one night and called my attention to "Buy More" and asked if it reminded me of someplace. Change BB's color blue to green and voila! Buy More.
But that's OK for them to do that on national TV and get away with it on a weekly and ongoing basis. The reason is probably that the people who run and work at BB are infinitely more incompetent than the people who work at the fictional Buy More.
Can you send a C&D regarding C&Ds?
The Generation
I'd say something witty here, but I'm not that bright.
http://www.improveverywhere.com/2006/04/23/best-buy/
so they went to the chelsea best buy, hundreds of them, in blue shirts, and pretended to be assistants throughout the store, perhaps more helpful than actual staff in some cases
customers were amused and bemused, management went apeshit, the best part is the the black chick who goes "it's like that movie, 'the thomas crown affair'"!
but seriously: this is all a case of people with too much time on their hands: the best buy "actors" in the original "event", AND the lawyers suing them
and isn't there some sort of legal protection for comedy, jokes, mockery? the law that protects political cartoons for example. would they have a case with that? obviously IANAL, as i can't even remember the legal term for this sort of "mockery" that is protected
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
Other than Chuck, which of the Herd members are portrayed as competent?
Courts do indeed "honor" cease and desist letters. As you point out, they do it by entering an injunction against the recipient upon the request of the sender. And as the OP pointed out, no US court would find fault or enter an injunction in the described circumstances, at least not if the defendant bothered to show up.
Letting tech folks like ourselves get tied up in the legal process details can lead to errors in judgment. We think, "Technically I did X, not Y so I'm not really guilty." Baloney. Put it in front of a judge and the response is generally, "Your actions speak for themselves. Stop wasting my time."
Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
As the operator of whitehouse.net, I'm intimately familiar with parody and fair use.
The video and pcictures of their prank? Wonderful. Easily defended as parody. The special edition set with included best-buy shirt? Yeah, that probably gets a pass. Call it gray-zone. The shirt as a standalone, context optional? Sorry, that's pretty obvious infringement.
Not that I'd call Best Buy's lawyers smart given the Streisand Effect, but legally I'd have to side with Best Buy's position.
Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.