They could have piggy-backed on the Meatless Fridays tradition already in place (for centuries) and followed by tens of millions of Catholics like me all over the world. We would have helped. It's rather dismissive to try to start a new campaign on Mondays just because you hate Catholics. Missed opportunity. Fail.
There are all kinds of anti-trust problems with music organizations. I'll save you the trouble of reading my boring law review article (Western State U. Vol. 22 No. 1, Fall 1994) and just say this. When organizations create barriers to enter markets, like the market for radio air play, it violates the Sherman Anti-Trust act.
By charging one price for all music (the blanket license), why would broadcasters mess with people trying to break into the market? It all cost the same.
It appears as if Spain has some sort of developed anti-trust laws. Let's hope they have anti-slapp motions as well.
To answer Mike's question about why we didn't fight in the first instance. The band is a group of four friends. One of the friends REALLY wanted to settle the thing at any cost. He was freaking out, so we settled to preserve the friendship. I would do the same thing over again, but I don't think he would. It's really important to fight these things when they come. Now, thanks to sites like Techdirt, there are resources. Back then, we were in an uncharted wilderness. Techdirt really helped end this case. The accumulation of humilations on the Internet were a big part of our legal strategy. Now we can talk about this case for ever. In 2004, we were under a confidentiality agreement. Variety and their parent co. Reed Elsevier not only spent approx $800,000 plus, they lost the confidentiality clause from round one. Corrupt idiots.
This case is lame but it's unclear how it would come out in court. There's no law requiring permission for logos, products etc. in filmed entertainment. As long as a product, even Coca Cola, is used in the manner in which it was intended, no permission is required. And any building visible from a public street may be filmed without permission, one exception being the photographing of a building that is also a company's trademark like the Mutual Of Omaha building.
However, they might be able to prevail on a state claim of unfair business practices since they defendants are making so much use of the art. It's not just a passing thing in the background. They are really exploiting it. Having said all this, all these lawyers should be ashamed of themselves for being involved in this lameness.
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