Evel Kneivel Sues AOL For Allowing People To Find Disputed Kanye West Video

from the misplaced-blame-again dept

Thu, Dec 14th 2006 4:05am — Mike Masnick

Earlier this week, there was some chatter over famed stuntman Evel Knievel's decision to sue musician Kanye West for his music video where he plays a persona "Evel Kanyevel" who is clearly a take off on Knievel. This seems silly for a few reasons -- including the fact that the video (which has already been out for a while, and was the source of some controversy after West felt the video was snubbed at an awards event) probably helped bring renewed attention to Knievel and his stunts. However, what's more interesting (and relevant for this site) is the news that Knievel is also suing AOL over the video -- not for hosting the video, but because their video search engine finds the video on various other sites.

The lawsuit claims that once AOL was informed of this, they put a stop to this, but as Steve Bryant notes in the article above a search on the site still turns up the video. Either way, though, this seems like a misplaced lawsuit. AOL didn't upload the video, and unlike other sites, they're not even hosting it. It's just that their video search engine happens to be the one that someone used to tell Knievel that the video was online. Bryant also raises questions about whether or not success against West in the lawsuit would allow Knievel to go after all the other video search and video hosting sites that likely have the video, noting how impossible that task would be. No matter how pointless the overall effort is, suing a search engine for helping you find a video you think infringes on your rights is going too far and shows a complete lack of understanding of how the internet works. Of course, AOL has gone through this before. A few years back there was the famous lawsuit that author Harlan Ellison fought against AOL for Usenet postings of one of his stories. The stories were posted to Usenet, which has nothing to do with AOL, but he sued AOL because that's how he got to Usenet. In that case, they ended up paying off Ellison, so maybe that's set a precedent for what people can expect when they file bogus lawsuits against AOL for merely allowing people to access potentially infringing content.

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43 Comments

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Anonymous Coward, 14 Dec 2006 @ 4:23am

It's too bad this beautiful world is filled with and being destroyed by fucking idiots.
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- Anonymous Coward, 14 Dec 2006 @ 9:13am
  
  Re:
  Not sure I can call someone who takes advantage of a system-wide loophole in order to strike it rich an idiot (assuming that your comment is implying the plaintiff is the idiot here). In fact, you might say that everyone who doesn't take advantage of such loopholes to secure a lush future is a fucking idiot.
  
  I think it is more appropriate to focus on the fucking idiots who have yet to set precedent and laws that put a stop to this kind of legal abuse. AOL (and/or other companies) need to stop setting and fight in hopes that it will quell those would-be plaintiff's out there who will follow in their footsteps.
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Sergey Brin, 14 Dec 2006 @ 4:29am

Who uses AOL to search anyway?
AOL has a search engine? who knew?
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- mx_, 14 Dec 2006 @ 7:52am
  
  Re: Who uses AOL to search anyway?
  Ha ha. Серёжа, как дела, в Сан Франциско?
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misanthropic humanist, 14 Dec 2006 @ 4:44am

Zero or hero?
Idiots? Evel Knievel can jump 40 double decker busses on a motorbike ! What more can mankind acheive?
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Anonymous Bum, 14 Dec 2006 @ 5:08am

video.aol.com
I saw a rabbi in an AOL video commercial yesterday on TV. He was having so much fun and AOL was saying I could have fun too. All I had to do is go to video.aol.com.

Too bad I got a life.

--------------------------------------------------------------->>>>>
Clicki ng the Evel Knievel Figurine link from adsense too.
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- allyson, 14 Dec 2006 @ 9:19am
  
  Re: video.aol.com
  I saw a rabbi in an AOL video commercial yesterday on TV. He was having so much fun and AOL was saying I could have fun too. All I had to do is go to video.aol.com.
  
  Too bad I got a life.
  
  Funny.
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comboman, 14 Dec 2006 @ 5:22am

Parody: Look it up
I think Knievel landed on his head too many times. Why isn't he suing Super Dave Osborne or The Simpson's daredevil Lance Murdock, both of whom are obviously modeled after him? Perhaps because parody is fair use and no reasonable court would find in favor of Knievel. Of course, there are plenty of unreasonable courts so, hell, why not give it try. I'm sure it's an easier way to make money than jumping over buses.
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- whargoul, 14 Dec 2006 @ 6:54am
  
  Re: Parody: Look it up
  I couldn't have said it better myself, comboman.
  
  I haven't seen the video myself, but to me it does sound like a parody (which is legal territory). And to sue a search engine for finding the video is just ignorant.
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Geoff, 14 Dec 2006 @ 5:22am

Tossing
Damn Evel, I worshipped the ground you jumped over, I wanted to be just like you when I grew up....Now I've grown up, the ground has been re-developped into Condos and you are still a moron! I'm throwing away my Evel Knievel Action Figure Doll once and for all!
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Ernestas, 14 Dec 2006 @ 5:36am

What to sue ?
If we would name AOL as one of Resources that allows to view copyrighed media,
then we can sue any WebBrowser or MediaPlayer maker (why they allow smbd. to view copyrighted content).
Same logic can go to sue ISP (allow to download),
sue HDD makers (allows to store),
Video Card and Display makers (they actualy shows content)
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Ernestas, 14 Dec 2006 @ 5:40am

On other hand,
Sueing somebody for idiotic reason draws attention to... e.g. original clip.

Maybe it's just PR action ? :)
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D, 14 Dec 2006 @ 5:41am

Old people
Why is it that mostly all old people use AOL? You have to think that he is using it, otherwise how else would he know that their search engine finds his video? Unless he went to a friend's house (who also is an old person) and used his or her computer to search for a Kanye West video. Crazy old people!!!
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DreadedOne509, 14 Dec 2006 @ 5:51am

I'm going to sue AOL for allowing E.K. to sue them. That infringes on my rights as a non-AOL consumer
to not see b.s. lawsuits, or be exposed to them!
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Scott, 14 Dec 2006 @ 5:58am

Wait - I thought AOL WAS the internet?!? I'm confused!
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Anonymous Coward, 14 Dec 2006 @ 6:04am

The Surreal Life 2011
If Evel had any PR sense at all, he'd embrace the video and co-present some award at a music show with Kanye.

But I'm not worried. Evel, Kanye, and Steve Case will all kiss and make up after they spend a season together on The Surreal Life 2011.

(I know, I know, Steve Case isn't there anymore. That's why he's a perfect candidate for TSR. Now we just have to wait for Kanye's career to flame out.)
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Geoff, 14 Dec 2006 @ 6:05am

Better Yet
I'm launching a lawsuit against every person who has read and responded to this article for propagating interest in this video, which is causing Mr. Knievel’s hardships!!!!

It’s time’s like this that I am glad to Not be American – As American as apple pie, baseball, Honda and Frivolous lawsuits! I do so love a good American apple pie while watching my baseball games though.
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The infamous Joe, 14 Dec 2006 @ 6:09am

makes no sense...
I'm starting to grow weary of so many people looking for a quick and eassy fix to get a buck.

He earned (and I use that word in it's loosest sense) his living being a moron, I see no reason he wouldn't turn to it after his career is over.

Quit your bellyaching and get a real job, you washed out loser. Sheesh.
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Bob, 14 Dec 2006 @ 6:10am

I think I'll go...
I think I'll go sue Microsoft, whose Internet Explorer subjects me to bad advertisements that pop up on my screen, porn, and other unwanted activity. I won't proactively do anything constructive, only sue, sue, sue.

This is getting out of hand. There should be strict penalities for a case going to court and losing. Cut down on some of the bull-chips like this.
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Sanguine Dream, 14 Dec 2006 @ 6:17am

Bullsh!t
This sounds like a classic case of a has-been that will do anything to get back into the limelight. Isn't he retired now? He's just trying to score money from jumps he made years ago.
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Yo ho ho..., 14 Dec 2006 @ 6:39am

huh...?
Evel who?

does anybody under the age of 60 care about this?
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joe, 14 Dec 2006 @ 6:39am

kanya west is the idiot, he obviously ripped off Evel - i hate kanya - he is a talentless, whining loser

paraody is different - that's not what west did

Evel will win against west but not aol
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- Alan Kemp, 14 Dec 2006 @ 7:23am
  
  Say what!?
  Not like you, right? Even if he can't spell "parody", I bet he has enough money to warrant not being called "loser". Also, I bet, not like you... ;)
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Zap Brannigan, 14 Dec 2006 @ 6:54am

Suing search engines
I've decided that I need to make some quick cash. I'm going to post some incriminating pictures of myself and then search for them on aol, google, yahoo and msn and then sue them. Of course, rather than drag all this out in lengthy court proceedings they'll just settle out of court. Sure, it'll be a little humiliating but I'll seek comfort on a beach sipping mai tais.
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ScytheNoire, 14 Dec 2006 @ 6:58am

the real question is, when will the USA change their name to United States of Lawyers?
can we get a day without new stupid lawsuits?
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- No One, 14 Dec 2006 @ 8:32am
  
  Re:
  Why bother with the letter change? We can just use Attorney instead of lawyer and it'll still be th good 'ol US of A.
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alfred chew, 14 Dec 2006 @ 7:08am

Big gunners always want to cover their sides. That's their priority.
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Sanguine Dream, 14 Dec 2006 @ 7:30am

So I'm wondering...
how can Wierd Al's videos be parody but this video not be?

I don't like Kanye West becuase he's trying too hard to be this generation's Chuck D (who was a real political rapper). But I don't think he infringed on Kinevel's image at all. But I wonder is he would change his tune if the video had won some awards...
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Anonymous Coward, 14 Dec 2006 @ 8:03am

Sneaky Russian!

BTW. Who the f is Evel Knievel?
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FAZ, 14 Dec 2006 @ 8:37am

STUPID EK
i had ot even ever heard of EK until he sued Kanye West
call me weird, but its the honest truth. DAMN PR moves
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Kanye West, 14 Dec 2006 @ 8:58am

Yo.
AOL doesn't care about black people. Evel Kneivel doesn't care about black people. As a black entertainer, I am entitled to use anyone else's ideas; like the WHITE MAN did to my people so many years ago. Let's not worry about, "did Kanye rip-off Evel Kneivel?" Let's focus on Katrina, and black people, and poverty, and the white man's hypocrisy. Suing a black man should be illegal, I am looking forward to my counter-suit on the grounds that white men are racist and I am a black man. Please, buy my album, unless you are a racist mofo. Dang.
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- Kanye East, 14 Dec 2006 @ 10:18am
  
  Re: Yo.
  Right on brother, I can't wait until we have another Rodney King so's I can gets me an New wide screen TV to right the wrongs of white people.
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  - White Man, 14 Dec 2006 @ 10:33am
    
    Re: Re: Yo.
    F@#$ing Racist
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    - Kanye's Mama, 14 Dec 2006 @ 11:51am
      
      Re: Re: Re: Yo.
      why you got play the race card, krakka mofo?
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chris (profile), 14 Dec 2006 @ 9:35am

duh!!!
you sue AOL because they and time warner have tons of money.
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Pariah, 14 Dec 2006 @ 10:39am

Well, it's good to see that racial stereotypes and flaming idiocy is still alive and well. You boys need to make sure you throw in a few references to 'watermelon' and 'fried chicken', make a comment or two about 'big lips' and 'white wimmins' and you'll have it all covered.
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- mamas boyee, 14 Dec 2006 @ 11:53am
  
  Re:
  looks like you took care of it ;)
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Dizzle, 14 Dec 2006 @ 10:55am

P...
P-A-R-O-D-Y

If it were illegal Weird Al would've been hung 12 times over.
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Kanye East, 14 Dec 2006 @ 11:14am

I want my reparations
Kanye West does not like old white people.

Gimme my money.
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Anonymous Coward, 14 Dec 2006 @ 12:16pm

I wonder if it's not racially motived. Others have parodied Evil (all white from what I can tell) several times over the years, yet a black man does it and he gets all up in arms. Interesting don't you think? If he has a trademark on his image, then he should embrace this as other parodies and use it to keep his image alive for a new generation who have never even heard of him. Duh! PR
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DV Henkel-Wallace, 14 Dec 2006 @ 2:46pm

conspiracy approach?
How about the theory that West paid Knieval to bring the suit in order to bring publicity to them both? Diabolical!

(what's the bike-jumper's real name, anyway? Does he have to use it in the court filings? That would be extra surreal: "The plaintiff, Fred Jones, alleges that the name "Kanyevel" sounds too much like his own and that irreparable harm would stem from this confusion......")
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Brian, 22 Feb 2007 @ 10:17am

They both suck!
They should sue each other until the lawyers clean up everything they have!!!!
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joe, 24 Feb 2007 @ 7:59am

knievel
every one bads mouth knievel. but he donates a lot of his money to childrens charities.so think twice b-4 u open your mouth!
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