Chamber Of Commerce Drops Lawsuit Against Parodists The Yes Men, Who Ask The Chamber To Reconsider

from the please-re-bring-it dept

Roughly four years ago, activist group/prankster demigods the Yes Men held a press conference where they presented themselves as spokesmen for the US Chamber of Commerce and announced the Chamber had done an about-face on climate change. Everything was going well until an actual representative of the CofC crashed the Yes Men's party, exposing them as impersonators. A good time was had by all, except the Chamber of Commerce (and some duped reporters), the former of which immediately ran off to lawyer up.

Things escalated quickly.

The Chamber's first move was to fire off a DMCA takedown notice aimed at the Yes Men's Chamber of Commerce-aping website (www.chamber-of-commerce.us [no longer live]). This first attempt went nowhere quickly, although it did draw the attention of the EFF. Realizing copyright infringement might not be the best card to play, the Chamber shifted strategies and sued the Yes Men for trademark infringement. All of this took place in about 72 hours.

Nearly four years later, the Chamber of Commerce has decided to drop its suit against the Yes Men. The legal system in this country can be many things, but "speedy" isn't one of them.

The Chamber seemed pretty sure of itself four years ago. It was confident enough to rush into a lawsuit and a round of Streisanding to punish activists who briefly made them look ridiculous. But a push back by the EFF (and David Wright Tremaine LLP), citing use of trademark in criticism as protected speech, possibly caused the Chamber to reconsider seeing this one through.

Most entities who suddenly find a lawsuit against them dropped, especially one pursued by a much larger organization with deeper pockets, will take a few deep breaths and welcome the chance to go back to a more normal life, one free of pending legal action.

Not the Yes Men.

Soon after learning of the lawsuit's dismissal by the Chamber, the group fired off a response detailing their disappointment in the Chamber's unwillingness to see this thing through.

Washington DC, June 13, 2013 – The Yes Men today implored the U..S. Chamber of Commerce to reconsider their recent decision to withdraw the lawsuit they filed nearly four years ago, in a press conference on the steps of the lobbying giant itself.

"Just as their case against us was finally heating up again, the U.S. Chamber decided to drop it," said former defendant Andy Bichlbaum of the Yes Men. "The U.S. Chamber knew this was our chance to challenge their silly claims and, since they claimed we had 'damaged' them, investigate the details of their finances through the discovery process. It's the height of rudeness to deprive us of this great opportunity."

"The U.S. Chamber's lawsuit represented the only time in 17 years that anyone has been stupid enough to sue us," said former defendant Mike Bonanno. "This was the chance of a lifetime, and we profoundly deplore the U.S. Chamber's about-face."

Perhaps it's this sort of "can do" attitude that encouraged the Chamber's withdrawal from the battlefield. It's certainly not as though the organization suddenly learned to laugh at itself and adopt a more laissez faire approach to criticism-via-impersonation. More likely, it realized it was in for a tougher battle than it originally imagined and quite possibly didn't want to expose more of its inner workings than was strictly necessary.

The Yes Men had such great plans for the Chamber, too.

"In just the last fifteen years, the hoaxsters at the U.S. Chamber have spent nearly a billion dollars lying to children and adults, and generally lobbying for corporations and against humans," said Bichlbaum. "This lawsuit gave us a chance to help reveal the U.S. Chamber's many hoaxes to the public."

It's a sad day at the Yes Men HQ, but hope still springs eternal. The group is planning a little legal action of its own.

The Yes Men are considering a lawsuit against the U.S. Chamber for depriving them of the opportunity to expose them. "Tell 'em to put their damn helmets on," said Bonanno, echoing Tom Donohue's words upon launching the U.S. Chamber lawsuit in 2009.

I'm not sure where the Yes Men are heading with this, but it promises to be entertaining. Of course, they still need some legal help and this new angle has yet to find a lawyer that's willing to play the part of the straight man in a courtroom farce.

Filed Under: dmca, parody, pranks, satire, trademark, yes men
Companies: us chamber of commerce

High School Girl Faces Felony Charges For Yearbook Prank

from the bullying-gone-legal dept

Let's start this off with the obvious: bullying sucks. In particular, when the bullies and the bullied are students, it sucks extra hard. That said, we've talked before about how overreacting to bullying situations ends up with everyone looking silly. And when the prosecutors and lawyers decide to get involved, all the more so.

Which brings us to Columbia, Missouri, where a 17-year-old high school student is staring down felony charges for changing a student's last name in the school's year book to something as unfunny as it was inappropriate.

A Columbia high school student faces a possible felony charge after her arrest for changing a classmate's name in the school yearbook to a sexually suggestive term. The 17-year-old Hickman High School junior was arrested May 14 after she allegedly changed a student's last name from Mastain to "masturbate" in the 100th edition of the Hickman Cresset yearbook. She could be charged with first-degree property damage, a felony, and harassment.

My first reaction to this was to be thankful that I didn't have any access to my high school's year book files. If I had, the overwhelming likelihood is that I'd still be serving time in a federal pen, with a teardrop tattoo or two on my face and a strong fear of showers. My second thought was, roughly: what the hell? Felony charges? I get that the school is probably annoyed, but this just screams of an over-reaction to suspected bullying. Hell, the victim of the prank doesn't even seem to think it's a big deal.

Raigan Mastain said although she wasn't happy about what happened, she also "wasn't devastated."

"I was kind of annoyed. It was stupid, but I wasn't that upset," she said.

Elsewhere, she pointed out that she didn't even know the girl that well, so the whole thing was strange to her.

Both Acopolis and the girl whose name was changed, Raigan Mastain, an aspiring graphic designer, called the last-minute change by another yearbook staff member as an act of immaturity, not malice. "I hardly knew her at all," said Mastain, who graduated from Hickman last week. "I barely worked with her. We weren't friends. But I didn't think I had any problems with her."

Still, given all that, Mastain went on to suggest that the charges would be warranted because "it's bullying" and "there needs to be consequences" while also noting that the damage to school property was immense. However, considering she's already graduated and didn't even know any of this had happened until a friend discovered the prank and sent her a text message, how much personal harm was actually done? And for all the talk about property damage, the school decided not to even reprint the year books, instead covering up the naughty word with a sticker. What does a sticker cost? $1? $700 worth of cost, plus a mildly annoyed fellow student, equates to felony charges?

As with so many of these stories, it's likely that emotions ran high and the school and community thought they needed to be seen doing something about so-called bullying. The end result, however, will be a young woman living the rest of her life with a felony on her record for what was a silly and stupid high school prank. That seems entirely unreasonable.

Filed Under: felonies, hickman high school, high school, pranks, yearbooks

So It's Come To This: Seven High School Students Arrested For Throwing... Water Balloons

from the overreaction-is-our-only-reaction,-which-always-starts-off-a-chain-reaction dept

The weather's (mostly) hot. School's almost out. And what better way to celebrate summer being almost here than being arrested and charged with a misdemeanor for throwing water balloons.

Hail academia, forever teaching our youth that anything and everything will be punished to the fullest extent of the law, even childhood hijinks our parents would have approved of, if only they weren't so busy being arrested themselves.

Seven teenage students in North Carolina were arrested on Thursday and charged with a misdemeanor for throwing water balloons during a school prank. A parent was also arrested during the incident.

The seven boys, all between the ages of 16 and 17, threw balloons filled with tap water as an end-of-year prank at Enloe High School in Raleigh. The balloons were rumored to be filled with “other substances,” but Wake County Public School System spokeswoman Renee McCoy said “all indications” were that only water was used.

Six of the teens were charged with disorderly conduct. The seventh was charged with assault and battery for hitting a school security officer with a balloon.

You've got to respect the uniform -- even if that uniform is a 50/50 polyester/ugly blend. If other students, teachers and administration staff get hit, that's a paddlin' simple "disorderly conduct" (a.k.a., the cop's best friend). And if you can't respect the security guard's uniform, you had damn well better respect the boys in blue, or you'll get thrown to the ground for throwing water balloons.

Kevin Hines, the parent who was arrested, was just acting out of concern for a student's wellbeing. No good deed goes unpunished, not when we're sending cops after kids armed with water balloons.

Kevin Hines said saw Raleigh police officers acting aggressively towards a student they were arresting when he drove up to the school.

"Being lifted up by the neck and taken down hard," Hines said.

Hines said he tried to intervene was but was told he didn't know the whole story. Hines complied and said he wished to speak to the principal.

"You're just trying to cause trouble. Get out," Hines said an officer told him.

Hines said he then attempted to talk to a lieutenant but was approached by two officers and threatening with a TASER. Hines said he told the officers that wasn't necessary.

"They arrested me on grounds of trespassing," Hines said. "So, they put cuffs on me and carried me away."

Swell. An unarmed parent who's concerned that someone (NOT A COP) might get hurt is handcuffed, threatened with a taser and charged for "causing trouble," which apparently goes on the books as "second degree trespassing."

Another parent is "causing trouble" as well, although this might be the kind of trouble that sticks:

The mother of an Enloe High School student has filed a complaint with the Raleigh Police Department after an officer threw her son to the ground Thursday as police responded to a water balloon battle at the school.

Call me naive, but I never thought I'd ever read a sentence this incongruous in my life: "...as police responded to a water balloon battle..." Tase me. Tase me now, lord. At least it wasn't a water pistol fight. Martial law would have been declared and the National Guard called in.

Here's the school's official statement on the "event."

Renee McCoy, a representative of Wake County Public Schools, said they rely on the training of the Raleigh Police Department in these situations. "We leave those decisions up to Raleigh PD," McCoy said.

Punt.

Seven kids with misdemeanors on their records ("released on bail" -- I am not kidding) for throwing weaponized water. I'm not really sure what schools are teaching kids at this point -- that every minor infraction must be dealt with swiftly and brutally? That violating school policies is a criminal offence? Whatever they're trying to teach by jettisoning critical thinking and replacing it with zero tolerance cops on speed dial, it's not getting through. All students are going to learn is that school administration has farmed out its disciplinary responsibilities to a variety of humorless, uniformed thugs -- some private, some public -- and that there really is no crime too small.

Filed Under: arrested, north carolina, pranks, students, wake county public schools, water balloons

Record Label Execs Suddenly Upset That False Copyright Claims Can Take Down Videos

from the shoulda-thought-of-that-before dept

We already wrote about how a prankster used bogus copyright claims to takedown the videos of Justin Bieber on YouTube. It turns out that the mysterious prankster didn't just target Bieber, but also got videos by Lady Gaga, Rihanna and Shakira taken down. But what's funny is how some (anonymous, of course) record label execs are suddenly concerned about this process that involves taking down first and asking questions later. The article is a little strange in that it suggests a user needs to have "YouTube Partner status" to make a copyright claim. As far as I can tell that's not at all true. If it were, you'd see tons of copyright holders complaining that YouTube made them jump through hoops to be able to issue takedown notices. Either way, I'm still interested to see if the the labels actually decide to go after this guy. I'm guessing they won't, because the last thing they want to do is set a precedent over the filing of bogus DMCA takedowns.

Filed Under: copyright, dmca, justin bieber, lady gaga, pranks, rihanna, shakira, takedowns
Companies: youtube

Italy Makes 'Deliberately Getting On TV' A Crime?

from the please-explain-the-reasoning dept

With all the new laws being proposed to try to deal with people committing stupid crimes with the sole intention of getting "famous" on YouTube, it seems fair to ask if the laws themselves make sense. However, some seem to be taking such laws even further. Reader Dave writes in to point out that Italy appears to have outlawed deliberately getting yourself on TV. The law was targeted at a prankster who's made quite a career for himself disrupting TV newscasts in order to promote condoms. He's (amazingly) been able to do this 20,000 times. You can understand why this might be frustrating -- but you would also think there would be other laws to deal with this. Instead, this new law sounds very broadly written, as you could get arrested for it even if you appear on TV and are "silent and immobile." So, simply standing behind a TV reporter during a newscast could now put you in prison in Italy. Something doesn't seem right about that.

Filed Under: crime, italy, pranks, tv