Disney: When We Copy, It's Inspiration; When You Copy, It's Infringement
from the hypocrisy-you-has-it dept
Ah, Disney. You have to love a group of people with the ability to compartmentalize their views on matters like intellectual property to the level of these folks. We're talking about a company that plants its mouse-shaped flag firmly in the land of family values...and then attempts to oddly trademarks a term associated with military operations and death. This same company is part of the chorus of folks out there decrying the public domain as a wasteland of unused creation... despite the fact that many of their best-selling products are built off of public domain works. I mean, this is the bastion of creation that hired a guy to do some remixes for them...and then refused to release those works.
And so it will come as a great shock to perhaps a couple of loin-cloth clad pygmies somewhere in the Amazon Rainforest when reader JMT alerts us that Disney, all-powerful harborer of their intellectual property, managed to be so inspired by a New Zealand-created supercar (called the Hulme CanAm Spyder) that they pretty much copied the design exactly for their upcoming Cars 2 movie. The link to the New Zealand Herald discusses the situation with the car manufacturer's director, Jock Freemantle:
"Everybody is telling us, 'it's your car'. I have had emails from around the world saying it looks like our car. Imitation is the sincerest form of flattery."
Oh, if only Disney had the same perspective as this Kiwi with the possibly single most-fun-to-say name of all time. Why is it that Disney, grim reaper of the copyright/trademark realm, has no problem with this? It's not like this is even the first time the Cars movie series has dealt with this kind of thing, having been through the court system over publicity rights concerning a car in the first Cars movie. Take a look at the image comparison below and decide for yourself how closely Disney's car resembles the CanAm Spyder (hint: if your determination is anything other than "Disney's looks exactly the same, except Disney's looks like they fed a bunch of Skittles to pigeons and then made them fly over the car to, er, color it," then you're insane). The irony of this rip off design bearing the name "Rip" in the movie isn't lost on anyone, either.
To make this as clear as day, the issue is not that Disney used a real life car as inspiration for one of their cartoon movie characters. Rather, the problem is that if the roles in this story were reversed, Disney likely would have pooped its pants as a result from filing a lawsuit with the kind of speed that'd put the Spyder supercar to shame. As one recent commentor put it in an unrelated story, Disney: Sue Thyself.
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In this case..
At least if you're Disney.
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Nice
Lol.. nice story Dark, your writing is both informative and entertaining. :)
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Three words
Disney is a ripoff.
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That's where they're most widely spoken of, but there are reports of pygmy peoples throughout the world. Generally, they're mostly spoken of in Africa, Asia, and Australia (where they're simply called Darryls for some reason), so perhaps the South America inclusion was a tad off....or maybe they just haven't been widely discovered yet!!!??
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But really that just shows how ridiculous Disney's position on this stuff is. By copying this car Disney isn't hurting it, it's making it a lot more known.
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Oh, and this is off on your end as well. While they may look similar from memory, if you look at an actual Le Mans style car, like the one linked below, you'll see that all the differences between Disney's car and the Le Mans style car are shared with the Kiwi car. That'd be a hell of a coincidence....
http://en.wikipedia.org/wiki/Peugeot_908_HDi_FAP
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https://encrypted.google.com/search?q=caparo+f1&hl=en&ie=UTF-8&prmd=ivns&tbm=isc h&tbo=u&source=univ&sa=X&ei=gRUCTsHiE4We-waT-5XCDQ&ved=0CCQQsAQ
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I must admit, I don't think I own any Disney movies on DVD. The only Disney stuff I would be interested in, would be stuff prior to 1990 or so.
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Small note
Some of the very reasons that Pixar was created was because of the corporate culture that is in Disney through Michael Eisner. Perhaps Pixar did it as an homage akin to how Disney employees worked to have The Lion King an homage to Kimba the White Lion.
What the artist's intentions are, compared to the CEOs may be different. Still doesn't take Disney/Pixar off the hook, but it's just another view to look into.
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Bicycle style fenders have been used on a few cars, including the Ariel Atom, The Lotus Seven, and many others. Heck, they were used on the Model T.
Examples like:
Daytona Prototype: http://image.europeancarweb.com/f/9060269+w750+st0/0609_EPCP_10Z+2006_long_beach_grand_prix+porsche_ daytona_prototype.jpg
Porsche 917: http://images.loqu.com/contents/856/454/image/2009-09-08/1_1.jpg
Bentley Speed8 Lemans: http://autopixx.de/bilder/1934/bentley-speed-8.jpg
Indy Car: http://image.stockcarracing.com/f/9471021+w750+st0/p75866_large+Target_Chip_Ganassi_Racing_G_Force_I ndy_Car+Overhead_Front_Right_Side_View.jpg
What makes a racing car a racing car is very common, if anything it could be said that the Hulme CanAm Spider tends to be a copy of all of these cars, and a few more.
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This sort of comment would have more weight if the original comment you were "rah rahing" in support of wasn't already debunked by someone above you.
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Even if Disney didn't copy the design, the point of the article remains valid. If the roles were reversed, Disney would sue the car company into the ground.
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Shhh! The comment you're supporting was already debunked. But why bother checking!
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CanAm Spider: http://images.passionperformance.ca/photos/0/1/9/019364_Can-Am_Spyder_2009.jpg
Mosler Sports Car (roof scoop): http://img.feb-search.com/img2/6/r/i/c/h/a/r/2/richard_crawford_mosler_mt900r_-_stuart_hall___daniel _brown.jpg
Here are three more: 2 bike fenders, 1 roof scoop.
The point is that the New Zealand car isn't particularly special or unique as it sits, rather it draws from many others cars as well. The sides of the car are similar to current F1 cars.
The Disney car is a pretty easy combination of F1 sides, Daytona Prototype front, cockpit, and such, any number of bucket handle rear wings, and so on. The area in front of the rear tires is similar to both F1 and Indycars, and completely different from the other car.
In fact, the very square front of the Disney car is very similar to a daytona prototype car, including the double headlights:
http://www.automobilsport.com/uploads/_neustart/AMERICAN_SERIES_2010/porsche-brumos-5 9.jpg
I would say that for a cartoon car, it is a pretty good rendering of all sorts of sports and racing cars blended together.
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The sincerest form of flattery
Imitation is the sincerest form of flattery.
When anyone else copies from Disney or even makes an indirect reference to Disney:
Limitation is the sincerest form of flattery.
You should be flattered that Disney sent a swarm of lawyers your way.
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http://1.bp.blogspot.com/__0QWwDIuEx8/TCOQdfZ6CtI/AAAAAAAAAlc/0MqSGV2C7UQ/s1600/bombardi er-can-am-spyder.jpg
The Can Am Spyder.
I think they may have just exposed themselves!
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How is pointing to one image of a different looking LeMans car "debunking" the notion that many similarities between the Disney and Kiwi car are not unique to the Kiwi car?
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How was that comment "debunked?" Was the image it linked to fake?
There are other cars that have that placement of the intake hood. That "mouth" bit on the comparison image is a joke. I don't see the "boatlike" body on the Disney care (although that could be because of the angle). The spoiler (referenced by Dark Helmet as proving copying) (a) seems different between the two cars, and (b) shares similarities that are also shared by other cars.
There are some similarities, and some of the supposed similarities indicating copying are not unique to the Kiwi car.
This is not an obvious, slam-dunk case of a ripoff, except that Disney is the bad guy, and everyone loves to beat up on Disney (myself included, when its deserved).
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Because Disney has pulled this kind of crap before...
http://www.kimbawlion.com/rant2.htm
They got the idea, excuse me - inspiration, for the Lion King from Kimba the White Lion, which came out 30 years before the Lion King did. When they got called out about it they played the 'coincidence' card.
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Re: Small note
It's irony to be sure; though I'd bet that the lawyers at Disney wouldn't get it.
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It's one bit of evidence that tends to weigh on one side of the equation.
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But that's all besides the point. The point isn't that Disney copied. The point is that if the roles were reversed, I think Disney would be suing, and that's hypocrical....
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debunk: To expose or ridicule the falseness, sham, or exaggerated claims of:
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As for what Disney would do in some hypothetical universe, I'm not a fan of such speculation.
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Someone has posted differing opinions, but no one has exposed any false factual assertions that I've seen, or made the opinions expressed therein to look obviously ridiculous.
If all Masnick is saying is "Ha! Someone else already expressed an opinion that differs from yours! Don't you look foolish!" then, well, I don't think I'm the one that looks foolish.
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So if we take some 'pieces' of drawing that exist in other art (circles, lines, a few squiggles) and 'assemble' a mouse that looks remarkably similar to Mickey... Disney would be fine with this as well
Their lawsuits and constant extension of copyright laws seem to disagree with your 'point'....
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Nevertheless, the comment had already been responded to in a meaningful way, and rather than carry on a productive conversation you decided to go straight to your anti-Techdirt sarcasm.
Get a life.
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Sigh. Okay, try to follow along here. The original statement was that Disney's car looked like "many Le Mans" style cars. Beyond traits common to cars in general, that simply isn't true (if you understand some of the subtle distinctions in different types of racing/road cars). I posted but one example.
So yes, the original statement was WRONG....
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It may, in fact, be wrong, but your post simply *says* so. It does not show so. I don't consider "nuh-uh" to constitute "debunking," even if "nuh-uh" is right.
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Also, "get a life" is a pretty weak insult for a writer. I'm sure you could do better.
I think it's worth pointing out that people tend to apply different standards here depending on what result they want to see.
Big bad company accused of copying? It's an obvious ripoff based on similarity of somewhat common features.
Big bad company accusing someone else of copying? What, do they think they own common features that have been in use for ages? Who do they think they are?
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/sarcasm
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You're crazy.
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*backs away slowly*
*calls for security*
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Now I just need to slightly be inspired by the real car and their coincidence, move the air scoop back or forward and make it less round then I can have that design in my kids film right?
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An oldie but a goodie. Cliches are cliches for a reason :)
Big bad company accused of copying? It's an obvious ripoff based on similarity of somewhat common features.
Big bad company accusing someone else of copying? What, do they think they own common features that have been in use for ages? Who do they think they are?
Umm, that's EXACTLY the point being made here - except from the other angle. I certainly do not think Disney should be stopped from doing this, and I know Tim doesn't either. This is a "taste of their own medicine" situation - you're right above that it's technically speculative, but there can be almost no doubt that Disney would cry foul if the roles were reversed. They are the ones with the double standard.
I can see what you mean that, with reversed roles, we might be defending the value and originality of the copy - but it wouldn't change anyone's analyses on whether or not it was a copy to begin with. Beyond that, yes, the reaction might be a bit different - but, for example, nobody in the discussion of Mr. Brainwash's work tried to claim that it wasn't a copy.
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The fact is it is not a shaky assumption. It is not even a neutral assumption. It is a very, very good assumption - and I think you'll agree that it would be foolish to assert that Disney wouldn't care.
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The lights in the Disney car are triangular; the lights on the Kiwi car are more like parralelograms (sp?).
Other cars have used similar looking designs, e.g., http://3.bp.blogspot.com/_6P7nlj08zgA/TRxUistJEoI/AAAAAAAAAjk/unclFrhSaj8/s1600/ferrari-p4-5-competi -10_460x0w.jpg
Perhaps more importantly, you're saying similarity in the lights alone makes all the difference? Why?
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Re: In this case..
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Perhaps I wasn't clear in my explanation, but people often seem lothe to admit that an accused infringer copied something in many cases, focusing on the fact that the allegedly copied features could have been taken from many other public domain works that share similar features.
Here, everyone seems unusually willing to jump on the "Disney copied" bandwagon without the typical skepticism about allegations of copying common features.
I think that is separate from whether the copy is still valuable, or infringing, or whatever.
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He didn't state an opinion. He pointed out that the original comment was false.
How is pointing to one image of a different looking LeMans car "debunking" the notion that many similarities between the Disney and Kiwi car are not unique to the Kiwi car?
As others have pointed out, the Disney car takes on a *lot* of characteristics of the Kiwi car. Pointing out that some other cars have one or two of those features is meaningless.
Yes, there are lots of cars that have different elements here, but Disney put them all together in the same manner as the Kiwi car, which at the very least indicates copying.
And, as others have said, I think that's fine and great. I think it's great that car designs built off of each others work and that Disney -- smartly -- used this car for inspiration.
The issue is that they would freak out if anyone did the same thing back to them.
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If you want to argue, find some relevant situations where; Disney found out about some art or whatever, that was "similar" to what they have/have done, and chose not to sue.
This whole "it's completely different" approach to your argument is borderline idiotic, and boringly redundant....
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Toy cars or other merchandise? Maybe.
Moreover, I generally don't like the type of argument that rests on "you know if it were a Republican..." or "you know that if a woman did it...", etc.
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Of course putting common elements together in a particular manner can indicate copying, but I don't think the similarities here indicate copying very strongly. Since nobody here has actual omniscience, that's pretty much a matter of opinion. Someone stating their alternative opinion is not "debunking" my opinion.
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I understand that one point of the article is to point out supposed hypocrisy from Disney. I've addressed that point several times, as follows: I don't care for arguments that rely on speculation about what would happen in some hypothetical universe.
Now that we've gotten those distractions out of the way, do you have anything to say about what I and the person I was responding to are discussing? Namely, the conclusion that Disney copied the Kiwi car (either based on headlights alone or otherwise)? Thanks!
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No, you're still not getting it. To be frank, whether Disney "copied" or was inspired by the Kiwi car, while I believe they did/were, is ultimately irrelevant. They're very close, so much so that if the roles were reversed, Disney would sue. You can treat that as a hypothetical if you want, and technically it is, just as it's a hypothetical that the sun will rise tomorrow....
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I understand that your ultimate point isn't that they did or did not copy, but that was one of the points you made in your article, and people seem unusually willing to accept that assertion. The fact that I am discussing one of your subpoints does not mean that I fail to grasp your ultimate point.
I have addressed your ultimate point elsewhere. Of course, you believe what you believe about Disney, but I find those types of speculative arguments annoying.
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Lets make a game out of this.
The project would probably take less than I week if we used pre-existing open source code to render everything, hell we could even crowd-source the whole thing.
Anyway, the goal is to release said game BEFORE the new cars movie. Lets get to it.
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And if others are focusing on the concrete black/white question of whether Disney copied or took inspiration from the Kiwi car for their cartoon, then so be it. To be honest, I'd be kind of shocked if Disney/Pixar hadn't looked to the car for such inspiration. While no conclusive proof, there's just kind of too many coincidences here for that to be the logical assumption. One or two design likenesses would be one thing, but several? Including the at least semi-unique design of the headlights (unless I'm mistaken and there are tons of cars out there w/similar designs)?
As I said already, that wasn't my larger point with this piece. You said you addressed that elsewhere, so I'll let it go.
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"Namely, the conclusion that Disney copied the Kiwi car (either based on headlights alone or otherwise)? Thanks!"
So you are asking me to conclude, based on my own speculation, if Disney copied the design based on just the headlights alone, or otherwise.... hmmm... I would say if they did copy the design, they copied it based on the external profile of the vehicle, which is very close in form and not any one individual part.. but that of course is just speculation....
Your Welcome!
"I don't care for arguments that rely on speculation about what would happen in some hypothetical universe."
According to the picture, there are at least 5 different similarities between the cars. The headlights are one of them.
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Did you even read the comments that lead up to our exchange?
I don't know whether anything was or was not copied from the Kiwi car. Based on what's been provided, I'm not convinced.
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FTFY
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Look, if Mike thinks saying "nope, you're wrong" counts has "debunking," then just about every article he's ever written has been thoroughly debunked. I just think that's a misuse of the word.
I mean, let's look at the original statement here: "I dunno, seems like a bit of a stretch. The Disney car looks like many Lemans type race cars to me."
That's an opinion! How can Mike say with a straight face that that commenters opinion was "pointed out as false?"
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Seems speculative to me.
FYI: FTFY = "Fixed That For You"
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Whatever.
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"Little did you know, but upon purchasing this ticket, you have just kissed Mickey's ass. Slim Disney is fed up of your shit, and is sending ICE to kill you.
"Anything else?"
"Yeah. Bite me.
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Re: Whatever.
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Conversely why don't you point out where you say "well my opinion is.... and since I don't have all the facts then there may be some level of error on my part"?
I have read a bunch of posts here (more then 5) where you assert you are not wrong and more right then others... to the point where it wasn't helping the conversation of the topic.
My point for your posts and the article is that as individuals our truth is how we see the world filtered by our perceptions.
Some people just see themselves as always right and selfishly use that viewpoint as justification for ignoring others and their needs. At some point it is often better for us all to say "I see your view, I agree to disagree, and here is my view, lets find a way to move the conversation forward"
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In the meantime, I'll actually respond to your request. I wrote below: "I don't think the similarities here indicate copying very strongly. Since nobody here has actual omniscience, that's pretty much a matter of opinion."
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The point is that the pieces are not really attributable to any one source, nor in fact are they from any source except the very generic.
Your argument about Mickey Mouse is self-serving and pointless. It's the same sort of thing the post author often tries to do, and in this case he too failed miserably.
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That is a very transparent escape tactic. Obviously you can't claim that Disney wouldn't sue, so you just completely dodge the question. Based on their past and now this, hypocrisy is a perfectly valid criticism to make of Disney - if you want to refute it, refute it, but don't just say "accusations of hypocrisy are annoying so I won't respond to them"
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It was speculated that we went round the world on four elephants riding on the back of a giuant turtle. We learned that that wasn't the case.
It was speculated that we were in a heliocentric system of galactic entities. That was proven true.
Speculative hypotheses are how we come to understand the world better.
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"do you have anything to say about what I and the person I was responding to are discussing? Namely, the conclusion that Disney copied the Kiwi car (either based on headlights alone or otherwise)? Thanks!"
"I never asked you to come to any conclusion regarding copying."
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What is more happening here is that a particular comment writer turned techdirt poster is trying to prove himself worthy, digging hard to try to find gold. All he is finding is the buried dog crap that the site owner wouldn't bother with himself. He is attempting to get you to draw the conclusion that Disney is bad and evil, because, well, that is the party line here.
Wake up and think for yourself, don't let anyone make your mind up for you!
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"Sooo instead of actually answering"
Should read
"Sooo instead of debating the issue"
my bad...I'm an engineer, I don't do much writing....
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Disney
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Disney
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I'm "dodging" the question because I think it's pointless to heap blame on someone for something they haven't done, but some people speculate they *would* do in some hypothetical context.
I don't find accusations of hypocrisy annoying based on things PEOPLE HAVE ACTUALLY DONE! Surely you can understand that.
Of course, since the original author is now backing away from the claim that there was copying here (he says he thinks there was, but that's not his point), what Disney has or hasn't actually done isn't the subject of the accusations of hypocrisy.
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This is heaping blame on someone for something they haven't done, but some people speculate they would do in a hypothetical universe.
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For example, what I had to say before you took the thread in another direction, was asking a question regarding why someone would conclude that the car was copied based solely on the headlights?
There are lots of things one can say about copying or evaluating whether something is copied without stating as a matter of factual conclusion that something is or is not copied.
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Nice. Too bad this wasn't a case of digging, but a story submitted by another reader. And I think I've been writing here long enough to no longer have to "proove" myself to the brass, as you suggest....
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New Record
Seriously, are you a bunch of fucking babies? You dont get that if someone did something even SLIGHTLY similar to Mickey (lets say, a cartoon mouse with 2 big oval shaped black ears, skinny arms and legs named something like "Friendly Mouse") wouldnt get sued the FUCK OUT for infringement by the Big D? REALLY? Are you THAT fucking stupid? IT can, does and has happened.
So then, why is it when the Big D copies almost verbatim the design of someone else for a car in a major movie, that they shouldnt be subject to the VERY TREATMENT THEY GIVE THE REST OF THE WORLD for ANY perceived infringement of THEIR products in the same manner?
And almost NONE of you get it.
Idiocy on parade, I swear.
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Check this out....
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Come on... be serious.
Sure, it looks like that car... but that car also looks like several other cars. You mean to tell me that NO other cars have wheel covers like that, air scoops mounted in the same position, ventilation holes in the front, triangular air dams with vertical headlights, or a boat shaped central body?
COME ON! You have just read a list of standard features for a large portion of Le Mans class cars, as well as features of several forms of sports race cars.
To point out the similarities, without pointing out the differences, is just ignorant. You can take the Freestream T1 and point out similarities, but they are two different cars that simply look similar.
The cartoon has rear wheel air dams... the Spider does not. The Spiders body comes out almost even to the tires, the cartoon does not. The Spider has side windows, the cartoon does not. The Spider has a joined windshield, the cartoon does not. The Spider has side mirrors, the cartoon does not appear to have them. They have completely different looking read-ends.
And... the biggest difference? The Spider doesn't have eyes and talk.
But let's look at the bigger picture. It's a caricature of a sports race car. Disney is not misrepresenting itself as being a car design shop, nor is it trying to sell sports cars.
Do you HONESTLY think that every time a Ford Taurus is shown in a movie, that the movie is trying to claim it created a Ford Taurus, that it is trying to profit off of it, or that it has to pay/ask Ford for the use? SERIOUSLY?
(Interestingly, most car companies PAY for the exposure.)
What, do you think that Disney went around and paid for drawing a Teepee motel in the first movie? Come on. Be serious.
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Re: Come on... be serious.
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