FedEx Throws A DMCA Fit Over Creative Use Of Their Boxes
from the lawyers-have-no-sense-of-humor dept
Corporate lawyers really do have no sense of humor, do they? Recently, one of the popular sites that was getting linked and passed around was FedExFurniture.com. It was, like so many "pass around" sites, an amusing website that you looked at, laughed at, and moved on. A software engineer trying to save some money ended up building a bunch of furniture for his new apartment using sturdy FedEx boxes. If anything, it was a nice little advertisement for the quality of FedEx boxes. FedEx lawyers, on the other hand, saw otherwise. They sent him a takedown notice, somehow believing that the site infringed on the DMCA -- a law that has been misused more times than some of us can count. Luckily, the smart folks at the Stanford Law School Center for Internet and Society agreed to take his case. They pointed out, quite correctly, that this case has nothing to do with copyright, and so the DMCA doesn't even remotely apply (mis-applied or not). If anything it's a trademark issue -- and even that is a weak claim. Would anyone going to the site actually think that it was FedEx's site? FedEx also claimed that this use of the boxes violated their terms of service, but as the folks at Stanford pointed out, there doesn't appear to be anything in the terms of service that prevents making furniture out of the boxes. This is another case where corporate lawyers completely overreacted to any use of their company's name. FedEx easily could have left this guy alone -- or, even better, encouraged him. It would have made for a great, amusing, advertisement for FedEx. Instead, they look like a bunch of bullies.
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Are Stem Cells Intellectual Property?
They're also offering injections of raw garlic and Vitamin C, so you can feel like Superman afterwards.
http://gendai.net/contents.asp?c=051&id=16088
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I posted this to the FedEx complaints site
contest perhaps? FedEx shipping giveaways?) you instead have taken the action that will cingularly and certianly do the most damage to your corporate goodwill. I will be vocal as many other internet authors already are in voicing our disfavour with FedEx. I think I have made my point quite clear and I only hope in some moment of clarity you will listen to it. Please, have a meeting at some point after the froth of your heavy handed and goulish choice has died down. At this meeting look around the room and ask "Is FedEx better off for having threatened a man with a website, do our customers feel better about us, is our service better. Was the public backlash really worth all of this?" This may take some time as I can tell you internet denizens have precious little appetite for megalithic corporation and their salivating pack-hounds of lawyers working tirelessley to justify their own existence. I am no MBA, I am not even a manager, but as an educated and professional man I t!
hink I know this: Making a non-operations choice that results in raisi
ng the ire of the common public to levels of "hate" and alienating existing and future customers......just seems - plainly stupid. Those are my 2 cents on the matter - good luck.
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No Subject Given
P.S. Mike, I cant believe you didn't bring up the Streisand effect again. You've been quite successful in propagating the term. First five Google hits either are Techdirt or refer to Techdirt. Much better than Dan Savage's "santorum" push. (Only the first hit). Good job!
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Re: Are Stem Cells Intellectual Property?
Otherwise, I would not have known about FedEx and the tie to Stem Cells!
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FedEx missed the boat on that one...
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Dorpus smoking crack again
Either that or your medication is wearing off.
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