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Zazzle Blocks '1-Star Review' Mug, Gets Even Worse Review From Instapaper Creator
from the coffee-filters dept
In yet another example of overactive copyright law blocking legitimate content, we find this story from Marco Arment, creator of Instapaper, about Zazzle's abrupt and unfriendly treatment of its supposedly (but not actually) infringing customers.
Marco, who is no stranger to copyright concerns, recently used Zazzle to sell a jokey mug based on bad reviews of Instapaper:
Later in the day, after the mug had racked up 116 sales, all the customers were told that their orders had been cancelled because the mug violates Zazzle's acceptable use policy—apparently the "design contains an image or text that may be subject to copyright."
May be subject to copyright? Anything and everything may be subject to copyright. If that's the bar they're using to determine what's allowed on Zazzle, nothing will exist there at all. Besides, usually when you come across something that may have a problem you check to find out if it actually does. But that's not what happened here.
Meanwhile, Marco himself got nothing—Zazzle gave him no explanation at all. Of course, it's important to pick your battles, and even though Marco knows damn well there's no issue of this "maybe" infringing (there is no infringement), he has no intention of fighting this. Instead he's opted to send a message on his (quite popular) blog:
"Now I just know that Zazzle sucks, and I’ll never do business with them again."
And, because Zazzle may suck, perhaps you won't want to do business with them either.
It's not entirely clear what led to Zazzle cancel the orders, but since Marco was never informed about a complaint, it was probably an automated filter, possibly with some lax human review. But computers aren't very good at identifying copyright infringement, and neither are most people‐not even rightsholders themselves. That's not really surprising, since copyright law is insanely complex, but online services that feature user-generated content still face all sorts of pressure from various industries, insisting they somehow magically detect and stop all infringement. Some cooperate, so you end up with overactive filters that inevitably block all sorts of legitimate content—then you end up with rightfully pissed off customers complaining in public.
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Reader Comments (rss)
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Go with CafePress
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As always, you add nothing, and report a half a story. Impressive. Not quite enough outrage though, your Mike-abee personality isn't completely made yet.
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Re:
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I'm sorry you don't have anything better to do with your time.
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Sign of the times
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You're too easy to identify these days...
-Marcus
-Mike
-freetard
-any form of the word "pirate"
-any reference to search engines
-any gay jokes
Failure to do so just adds more evidence toward your unsatisfied stalker lust toward Marcus. :)
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Re:
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my zazzle experience...
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I can get that quote for you. He's my satanic brother, after all.
I assume your email address is still HardForMarcus@adultfriendfinder.com?
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Re: Sign of the times
Correct me if I'm wrong, but even a received DMCA notice requires the provider to only render the content inacessible until the issue is resolved. Proactive denial of service to paying customers just because someone may file one in the future is not just cowardly, it's plain stupid.
Oh well, at least they didn't delete anything.
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Is this fair use?
"Now I just know that Zazzle sucks, and I’ll never do business with them again." - Marco Arment
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All have pulled images under mistaken impression they were copyrighted or trademarked.
Skreened pulled the fewest, CafePress the most.
However, CafePress has the largest variety of products, so you have to decide if the hassle is worth it.
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To quote the linked blog post:
" It’s a custom design I created to amuse myself. The review is fictional, but it’s based on quotes from actual Instapaper reviews."
I doubt the "user" is a real user, and the "quotes" are, as stated, based on actual reviews of his service. I'm gonna go out a limb and say he didn't use direct copies of what people said. Plus, the review refers to the mug itself.
Not quite sure why you are so bent, except maybe you have a crush on Leigh. If so, damn, own up to it and let yourself enjoy the feeling.
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As always, you add nothing, and report a half a story. Impressive. Not quite enough outrage though, your Mike-abee personality isn't completely made yet.
Leigh will learn the outrage in time. Darth Masnick isn't done with his tutelage yet.
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Re: As always, you add nothing, and report a half a story. Impressive.
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The fact that you even regard it as plausible is reason #1452142 to abolish all IP laws.
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While CafePress isn't perfect, Zazzle's really making them look stellar here of late. I'd say go with them over Zazzle any day.
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Really? Is this a hard and fast rule? Are there degrees to it? Can I write a book that mentions Disneyland without their permission? Can I take a picture of a street that has McDonald's on it somewhere and then put it on my blog? Can I sell a new soft drink and say it is 89% funner than Coke?
Do the 260 registered trademarks with the name 'Jasmine' mean you can't use that name when you post? Not commercial you say? Could it prevent you from publishing your autobiography and naming it 'Jasmine'? (You'll have to do the search yourself if you want to verify that. It wouldn't let me link.)
It's the idiot idea that "trademark = all your words are belong to us" that make lawyers money and suffocates legitimate business. It needs to die.
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Re: my zazzle experience...
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Uh Hummmm
If you are that niave to think you can use Google's name for your pocketbook... You should be kicked off of Zazzle.
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Re: Re: my zazzle experience...
Other than scam people out of money?
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Zazzle reconsidered and it's back
http://www.marco.org/2012/04/10/useless-mug
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google buzz
Google Buzz may be trademarked, but what does that have to do with this case? Zazzle says the image or text may violate copyright, not trademark.
Besides, even in trademark law, I doubt it'd be a violation to mention the name of a discontinued product as 2 words in an entire paragraph. The product in question os not
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Re: google buzz
what I was trying to say was that google buzz is not in the crockery business and the mug is not marketed as a google buzz mug. it just makes a passing reference to the google product in a review.
that's like saying microsoft would sue apple for the I'm a mac, I'm a pc ads.
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ROTFL
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Re: You're too easy to identify these days...
(Marcus): Since "Leigh" is Marcus, I don't get your point.
(Mike): He runs this place and sets the tone. I don't get your point.
(freetard): It's what Marcus is - even as he works at a job paid for by copyright.
(pirate): Marcus and Mike both support piracy, although Mike will weasel and say he doesn't. Facts are facts, why not apply them?
(search engines): http://farm1.staticflickr.com/97/252849242_373d779ccd.jpg
(gay jokes): I will refrain from pointing out that Marcus is his own little gay joke. Other than that, I don't generally make gay jokes. See bunny above.
"unsatisfied stalker lust toward Marcus"
I have no stalker lust for Marcus. I just think he is a whiny, self-important asshole that needs to get taken down a notch on a regular basis, to remind him that he is, after all, just another idiotic keyboard warrior. If he gets smarter, I will leave him alone. Until then, I will keep reminding him just how full of crap he really is.
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Re: Re: Sign of the times
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Re: Re: You're too easy to identify these days...
FAIL
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Re: Re: As always, you add nothing, and report a half a story. Impressive.
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zazzle
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Zazzle worst company ever!
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cafe press fair use
At that, cafe press sent a legal response to the company, quoting chapter and verse from particular cases supporting my use of their names and logos as political speech. In two different attempts by Monsanto, and one by Blackwater (Xe), the corporations backed down, and my products have been selling for years. I have yet to have any art pulled from cafe press.
I can't say enough about cafe press and their support for fair use. I did not need to plead or argue, and they had the case work on file and sent it without me having to demand my rights. I wish they had the modern online functions of Zazzle, a better share on their "marketplace" sales, and the high tech production and product line Zazzle has - but my experience shows me I am secure in their support of speech and fair use.
After reading about Zazzle, I have to wonder if the fancy gadgets and products are actually worth the hassle. Hardly seems a good choice to have the best product line, if the shop will be closed at the first complaint. The law is NOT that complicated, and most complaints are simply attempts to widen the corporate turf into areas that are NOT protected - in other words: bullying (my brother worked for the firm protecting Disney for a while - so I know how typical this is). From the stories, Zazzle appears to be either lazy, gutless, or both. Not someone you want to build with - a shaky foundation, so to speak.
Just to be fair, does anyone know of a story of Zazzle SUPPORTING fair use or political speech? Anyone?
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Tanie koszulki z nadrukiem
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