Legal Issues

Legal Issues

by Mike Masnick


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I Sue You, You Sue Me, We're An Unhappy Web Family...

from the hello,-parody dept

Four years ago, we wrote about how the folks behind Barney, the big stuffed purple dinosaur thing, had a problem understanding parody and fair use. Apparently, years of explanations haven't helped. They've been continually harassing the owner of a parody website with baseless cease-and-desist letters. While they keep threatening him, they have yet to actually sue -- but it's not fun to be on the receiving end of a string of cease-and-desist letters, especially when you feel you've done no wrong. The EFF has finally stepped in and asked a court to tell Barney's lawyers that parody is protected free speech and to leave him alone. It appears that Barney, who on his website says "Let's have fun with manners today," doesn't think that respecting fair use is good manners.

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  1. i dont love you by barney on Aug 24th, 2006 @ 12:32pm

    who watches him any more?

    (reply to this comment) (link to this comment)

  2. Forget that by David on Aug 24th, 2006 @ 12:32pm

    Sue them for harassment. I'm sure the site operators have explained how fair use works. If Barney's lawyers don't get it yet, then he should use a bigger stick.

    (reply to this comment) (link to this comment)

  3. by Tuski on Aug 24th, 2006 @ 12:59pm

    olololololool

    (reply to this comment) (link to this comment)

  4. by Cyryl the Purple Dinosaur Rapist on Aug 24th, 2006 @ 1:11pm

    Yeah, bitch!

    Take THAT! SEE how the kids feel when you...

    *laughs*

    (reply to this comment) (link to this comment)

  5. Damn... by Sanguine Dream on Aug 24th, 2006 @ 1:11pm

    It seems to me that Barney's lawyers know they have a weak case. That would explain why they keep sending those letters instead of taking serious legal action. They think they can bully this site owner into giving up with out a fight. Textbook RIAA/MPAA strategy, threaten and badger them until they get scared and settle instead of fighting it out.

    Because I know if I were one of Barney's lawyers and I genuinely thought I had a case I would warned them once then taken real action if they didn't take the content down.

    (reply to this comment) (link to this comment)

  6. by Anonymous Coward on Aug 24th, 2006 @ 1:22pm

    Umm pay me 1 million and i'll stop

    (reply to this comment) (link to this comment)

  7. Barney Patch by Adam on Aug 24th, 2006 @ 1:26pm

    Hey... Just a novel though of remembrance, when somoen came out wiht a popular game patch that plugged BARNEY in the popular DOOM 1st person shooter game.

    In an erie voice, the monster would sing in a loop "I luv you....you luv me..."and it would occasionaly stuter (I think intentionally).

    Definately added to the enjoyment level of shooting the monster, which when killed would say in a low voice inflection "Won't you say you luv me to"... or however the heck it went....

    (reply to this comment) (link to this comment)

  8. Re: i dont love you by Anonymous Coward on Aug 24th, 2006 @ 1:35pm

    My four year old daughter.

    (reply to this comment) (link to this comment)

  9. The Root of All Evil - Barney? by Clifford VanMeter on Aug 24th, 2006 @ 1:37pm

    I knew it -- I've always know it.

    Just a big purple mafioso with a legion of litigious lawyers practicing legal thuggery.

    A fascist fat-o-saur who would see fair-use fatally flounder to bolster better bling for an embattled behemoth.

    http://techpolitics.us/?p=192#more-192

    (reply to this comment) (link to this comment)

  10. From back in the day... by Anonymous Coward on Aug 24th, 2006 @ 1:42pm

    http://www.lost.co.nz/main/library/spacemoose/strips/barney1.png

    (reply to this comment) (link to this comment)

  11. seems like by boomhuaer on Aug 24th, 2006 @ 2:04pm

    Barney sales have been down, can only afford a few scary letters, no funds for big purple lawsuit ;)

    anyone remember reading "Day of the Barney"?? waaay back....

    (reply to this comment) (link to this comment)

  12. Barney by teKuru on Aug 24th, 2006 @ 2:11pm

    Anyone else having fond memories of playing BarneySplat? ahh door games...

    (reply to this comment) (link to this comment)

  13. Barney by Curious George wants to know.... on Aug 24th, 2006 @ 3:21pm

    Is Barney represented by the law offices of Dipsy, Lala, TinkyWinky, and Po?


    Is the presiding judge Boobah being bribed by Big Bird?

    (reply to this comment) (link to this comment)

  14. Row Row Row Fair Use all during Pledge Week at you by Anonymous Coward on Aug 24th, 2006 @ 10:31pm

    Barney steals the Row Row Row Your Boat song and gets upset that people parody the thief!?!?!

    FOLKS: REMEMBER THIS DURING PLEDGE WEEK AT YOUR LOCAL PBS STATION- I don't want one cent of my money going to sue people that parody Barney.

    (reply to this comment) (link to this comment)

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