For a plush purple dinosaur who extols the virtues of affection and amity, Barney can be surprisingly aggressive in his legal demands.
Barney's lawyers at the New York firm of Gibney, Anthony and Flaherty sent stiff warning letters last week to Web sites displaying less-than-flattering images of the plump saurian.
"Your Web site depicts a plush Barney toy in a violent manner or position," Matthew Carlin wrote Tuesday on behalf of Lyons Partnership, which owns the Barney trademark. "We are writing to request that you remove this violent content toward Barney on your Web site."
Credit: Stuart Frankel
Barney's lawyers say this photo
amounts to an unlawful use of the cartoon character.
One of the ostensibly violent sites, a site maintained by Baltimore-area programmer Rob Carlson, depicts a Barney toy suspended from the ceiling. Carlson, who has not removed the photograph, says it has been online for at least five years and nobody has complained before.
Carlin said he could not discuss his law firm's next steps in attempting to remove offensive images of Barney from the Internet. "I really can't comment," he said Monday in a brief telephone conversation.
Another letter from Carlin was directed to Stuart Frankel, who maintains the "Source of All Evil" site with a rendering of a vaguely Satanic cartoon tyrannosaur. "It is unlawful...to use this property without the permission of Lyons Partnership," Carlin wrote. "These materials must be immediately removed."
The Electronic Frontier Foundation, a San Francisco civil liberties group providing legal representation to Frankel, dismisses the legal threats as nonsense. "I think that Barney is unfortunately looking like he's becoming a recidivist in phony copyright claims," said Cindy Cohn, EFF's legal director.
In 2001, EFF took on Barney's lawyers after they sent out similar cease-and-desist letters. At the time, Cohn wrote back saying that anti-Barney screeds were protected by the First Amendment rights to publish parodies, and Barney's owners never pursued the matter further.
Since then, the EFF managed to break new legal ground by forcing voting machine maker Diebold to write a check to settle allegations of copyright misuse. "We were very happy to cash that check for $125,000 from Diebold when they made phony copyright claims," Cohn said. "I'd be happy to cash one from Barney."
Barney's lawyers have been aggressive in pursing trademark lawsuits before. They once sued the creator of a sports mascot that, as part of its performance, assaulted and generally did violence to a Barney look-alike.
But the 5th Circuit Court of Appeals ruled in 1999 that the performance was a parody and not forbidden by trademark law. "Even if young children--like the 2-year-old who had such a traumatic reaction to the downtrodden Barney--are in attendance, we would expect them to be supervised by parents who could explain the nature of the parody," the court decided.
Why that picture? Ok maybe the inverted pentagram is going a little far but one would think a character of Barney's caliber would be the target of some people with those really nice editting programs. You know, Barney strapped under a Titan V. Barney in the French fleet at Trafalgar. I mean, something a little more unbelievable than a fanged, horned, devile Barney.
Why that picture? Ok maybe the inverted pentagram is going a little far but one would think a character of Barney's caliber would be the target of some people with those really nice editting programs. You know, Barney strapped under a Titan V. Barney in the French fleet at Trafalgar. I mean, something a little more unbelievable than a fanged, horned, devile Barney.
They are only doing what their client wishes them to do. It is not illegal (though it should be) to threaten someone with legal action under a law that they interpret differently than the courts.
They are only doing what their client wishes them to do. It is not illegal (though it should be) to threaten someone with legal action under a law that they interpret differently than the courts.
Circa like 96 or so. <a class="jive-link-external" href="http://impressive.net/games/barney/fun.cgi" target="_newWindow">http://impressive.net/games/barney/fun.cgi</a>
Circa like 96 or so. <a class="jive-link-external" href="http://impressive.net/games/barney/fun.cgi" target="_newWindow">http://impressive.net/games/barney/fun.cgi</a>
Does anyone remeber the old <a href="http://208.185.149.219/ getbits.acgi?tbart=01762" Title="Still available" After Dark Barney blaster module? Laugh, Laugh, bang, ow, boom!
Does anyone remeber the old <a href="http://208.185.149.219/ getbits.acgi?tbart=01762" Title="Still available" After Dark Barney blaster module? Laugh, Laugh, bang, ow, boom!
...because C-Net is a news wire and they are protected under the First Amendment. Freedom of the press, remember? That won't stop these corporate thugs to keep trying though....
They are reporting on a news item and not creating a parody of their own. They could host pictures of other copyrighted works without fear of lawyers knocking down their door.
If a solid claim did come in for any story, they would simply comply and remove the material. The owners of the Barny image would have to prove some form of slander in the article or the inclusion of the image to have a legal basis though.
...because C-Net is a news wire and they are protected under the First Amendment. Freedom of the press, remember? That won't stop these corporate thugs to keep trying though....
They are reporting on a news item and not creating a parody of their own. They could host pictures of other copyrighted works without fear of lawyers knocking down their door.
If a solid claim did come in for any story, they would simply comply and remove the material. The owners of the Barny image would have to prove some form of slander in the article or the inclusion of the image to have a legal basis though.
The kids love you, the adults hate you, what's a sophmoric purple dino to do? Get out the lawyers! I propose a Barney bonfire at the next burning man. Bring all the tapes and plush toys you can get your hands on, big props to those that actually bring big props. Perhaps we can nail that big purple beast on the cross to burn. Dearest Barney: It really hurts when you grow up and discover that no adult actually believes the pap you fed us as children.
The kids love you, the adults hate you, what's a sophmoric purple dino to do? Get out the lawyers! I propose a Barney bonfire at the next burning man. Bring all the tapes and plush toys you can get your hands on, big props to those that actually bring big props. Perhaps we can nail that big purple beast on the cross to burn. Dearest Barney: It really hurts when you grow up and discover that no adult actually believes the pap you fed us as children.
I got a similar threatening letter from the same lawyer at the same agency! <a class="jive-link-external" href="http://www.uncoveror.com/editorial3.htm" target="_newWindow">http://www.uncoveror.com/editorial3.htm</a>
I got a similar threatening letter from the same lawyer at the same agency! <a class="jive-link-external" href="http://www.uncoveror.com/editorial3.htm" target="_newWindow">http://www.uncoveror.com/editorial3.htm</a>
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MIT creates a simulation to celebrate the 50th anniversary of Spacewar. A relic of the early days of minicomputers, it was one of the first computer video games and set the stage for many others, including Asteroids.
Isn't it a shame how 99% of the lawyers give the whole profession a bad name ?
Isn't it a shame how 99% of the lawyers give the whole profession a bad name ?
This should be considered extortion.
This should be considered extortion.
getbits.acgi?tbart=01762" Title="Still available" After Dark Barney
blaster module? Laugh, Laugh, bang, ow, boom!
getbits.acgi?tbart=01762" Title="Still available" After Dark Barney
blaster module? Laugh, Laugh, bang, ow, boom!
If a solid claim did come in for any story, they would simply comply and remove the material. The owners of the Barny image would have to prove some form of slander in the article or the inclusion of the image to have a legal basis though.
If a solid claim did come in for any story, they would simply comply and remove the material. The owners of the Barny image would have to prove some form of slander in the article or the inclusion of the image to have a legal basis though.
I propose a Barney bonfire at the next burning man. Bring all the tapes and plush toys you can get your hands on, big props to those that actually bring big props. Perhaps we can nail that big purple beast on the cross to burn.
Dearest Barney:
It really hurts when you grow up and discover that no adult actually believes the pap you fed us as children.
I propose a Barney bonfire at the next burning man. Bring all the tapes and plush toys you can get your hands on, big props to those that actually bring big props. Perhaps we can nail that big purple beast on the cross to burn.
Dearest Barney:
It really hurts when you grow up and discover that no adult actually believes the pap you fed us as children.
<a class="jive-link-external" href="http://www.uncoveror.com/editorial3.htm" target="_newWindow">http://www.uncoveror.com/editorial3.htm</a>
with Barney included.
<a class="jive-link-external" href="http://www.uncoveror.com/editorial3.htm" target="_newWindow">http://www.uncoveror.com/editorial3.htm</a>
with Barney included.