by Mike Masnick
Fri, Oct 23rd 2009 4:47am
There was a lot of news a few days back when notorious pranksters, Yes Men, set up a fake press conference pretending to be the US Chamber of Commerce, announcing that it had changed its controversial stance on climate change -- which had recently driven some large companies, including PG&E and Apple, to leave the CoC. The fake press conference, along with a fake website and fake press release, apparently fooled some in the media -- including Reuters -- until someone from the real Chamber of Commerce burst into the room and confronted the pranksters. The video is great:
Part of the hoax was a fake website at www.chamber-of-commerce.us, and apparently the real Chamber of Commerce has sent a DMCA takedown on the site. The EFF is responding in support of Yes Men, saying that the site is a parody, which is protected fair use. While I think that the Chamber of Commerce is pretty dumb to issue the takedown -- only giving the Yes Men more attention -- I'm not sure that the parody defense will stick here. While the site is for the purpose of criticism, the site is most certainly not an obvious parody. It's designed to look real. Thus, the bigger issue may actually be trademark infringement, not copyright infringement, as the site could certainly confuse users, but there are other ways to deal with such things that don't involve a DMCA takedown.
If you liked this post, you may also be interested in...
- The DMCA Should Not Be An All Purpose Tool For Taking Down Content; And It's Espeically Bad For Harassment
- Star Trek Fan Film Axanar Lawyers Tell Court About JJ Abrams Claims Of Paramount Dropping Suit, Express Confusion
- YouTube Personality Files Bogus Copyright Infringement Lawsuit To Shut Up Two Critics
- EFF, ACLU And Public Records Laws Team Up To Expose Hidden Stingray Use By The Milwaukee Police Department
- EFF Sues DOJ Over Its Refusal To Release FISA Court Documents Pertaining To Compelled Technical Assistance