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Re: Awesome.



On 3/15/06, Greg DeKoenigsberg <gdk redhat com> wrote:
> And when a lawyer comes to me and says "this silly mockup on a website is
> an improper use of our logo," I'm going to point them to this little law
> called "fair use".  Specifically, to the "parody" clause.  Protected
> speech under the US constitution, dontchaknow.

what is being parodied here? I look at that and I see a parody of
shadowman... not a parody of "fedora."  I mention it, because there
are established limits on how protected mark A  can be used in a
composition parodying protect mark B.  If he had made a parody of the
fedora mark in the same style as his free-handed shadowman i think
your lawyers wouldn't even have batted an eye.  As it stands, they
might rapidly blink for a few seconds like they are staring into the
sun when they see that image.

A not completely unrelated situation occured between penny-arcade, a
site that does nothing but parody as a genre, and american greetings
the owner of the strawberry shortcake marks.  A non-lawyer's thoughts
on the matter can be found
at http://www.scalzi.com/whatever/002368.html

-jef"Does the argument I made about the limitation on parody hold up?
Who cares.. I got to make a contextual link to the censored
penny-arcade comic... which is the real goal of every conversation I
get into"spaleta


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