Canadian Regulators Say Bell Canada's DSL Throttling Is Fine

Parody Is Still Fair Use Last We Checked

from the but-it-won't-stop-the-lawsuits dept

Thu, Nov 20th 2008 6:42pm — Mike Masnick

The EFF is representing a NYC activist who is protesting redevelopment efforts for New York City's Union Square. The woman, Savitri Durkee, set up a website parodying the website of Union Square Partnership, a group that is pushing to heavily redevelop Union Square. Such a parody is certainly a reasonable and lawful way of making a point and protesting USP's actions. However, USP basically fired off multiple shots against Durkee to get the site taken down, starting with a DMCA takedown notice to Durkee's hosting company, followed by a copyright lawsuit against Durkee and a claim with WIPO that the domain name Durkee used violated their IP, and demanding that it be handed over to USP. As the EFF notes, parody is protected under fair use doctrine, and it seems quite clear that USP is doing all this to stifle Durkee's right to speak out against USP's redevelopment efforts.

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Filed Under: copyright, dmca, fair use, parody, savitri durkee, union square
Companies: eff

8 Comments

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Anonymous Coward, 20 Nov 2008 @ 6:53pm

SLAPP Happy
It sounds like a threat of lawsuit that is intended to intimidate and silence a critic

http://en.wikipedia.org/wiki/SLAPP
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Mike, 20 Nov 2008 @ 7:30pm

Thank god the EFF is around
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Anonymous Coward, 20 Nov 2008 @ 8:04pm

Re: SLAPP Happy
And any Officer of the Court (lawyer) that filed such as suit should be disbarred.
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Anonymous Coward, 20 Nov 2008 @ 8:32pm

Re: SLAPP Happy
and I suspect there are anti-SLAPP laws in NY too.
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RD, 20 Nov 2008 @ 10:15pm

Welcome to the New America!
You are all obviously proceeding from the false assumption that laws apply to all. Dont you know by now, laws only apply to the poor, those not "in", and those who arent in power. There is no such thing as "Fair use" anymore. Sure, its enshrined in law, but that only means it gets to be interpreted by those who have, at the expense of those who have not. The courts will side with the rich and powerful, wait and see.
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Lonnie E. Holder, 21 Nov 2008 @ 5:33am

Re: Welcome to the New America!
RD:

Parody is still protected, as "Saturday Night Live," "The Late Show," "Mad Magazine," Bill Maher and countless others prove on a daily basis. As long as it was clear that the woman's site was parody, the plaintiff will lose.

The court will side with the defendant, as long as it is clear that her site is a parody, wait and see.
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Anonymous Coward, 21 Nov 2008 @ 6:36am

Re: Re: Welcome to the New America!
or ... since the site has been taken down and their mission accomplished the victors will postpone indefinitely
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OldGreyTroll, 21 Nov 2008 @ 12:09pm

Re: Thank god the EFF is around
Yes. But donating to the EFF directly is likely to be more effective.
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