Copyright infringement complaint from The Onion

Email from The Onion | 09/19/03 | Sean Mills

[ApesForEvolution]

Mr. Mills,

Twer it not for FR, I wouldn't know that a bunch of whacked-out, multi-media-publishing-wannabes existed at the Onion.

If you are indeed not simply becoming a charicature of yourself, then please consider anything remotely positive that I've said of you, or the content that you and the little yun produce, the last good thing I ever utter about your little yun. In fact, I would truly hope that your endeavor soon fails indeed in that case, you narrow-minded little twit.

No Regards,

AFE

[lorrainer]

Aw, they were more fun when they were in Madison, anyway. Before they went all bigtime....

[Elliott Jackalope]

I would enjoy the humor at JibJab a lot more except for one problem. I really, really despise rap music. About twenty seconds of rap puts me in a very bad mood, and two minutes or more makes me extremely unhappy. I have been known to become very unpleasant when exposed to rap music, and I stay unpleasant for hours afterward.

Too bad that the people at JibJab seem to use rap music in most of their parodies. Why do they have to use such painfully unpleasant music for their humor?

What really gets to me about rap is that I spent years getting ready for whatever hellish incarnation of "music" that was to come after the era of "rock" faded. I did my level best to prepare for anything they could come up with, spending hours listening to Snakefinger, The Residents, Reynaldo and The Loaf, The Velvet Monkeys, just anything that I could find that made other people run in terror. I was bound and determined to develop a resistance to whatever hellish anti-music that would end up being foisted by the sociopaths in the music industry.

How was I to know that they would find a form of sonic torture so unpleasant that no amount of preparation would allow one to deal with it? How was I to know that the very most degenerate, violent, vicious, atonal non-musical vileness imaginable would be promoted to our kids as "the next big thing"?

My big mistake? Not realizing that the people who run our mass media are actually demons from Hell. I won't make that mistake twice!

[Jim Robinson]

Latest from The Onion

Earlier this afternoon, I notified The Onion that we've complied with their cease and desist request and that I've directed that no materials from The Onion should be posted to FR. Also sent them the URL for this thread.

Sean replied as follows:

Hi Jim,

Thanks for your immediate attention. Just to clarify, the problem is not with posting links at all. The issue was with the full text being archived and pulling story images from our servers. This is nothing against Free Republic or your member. We are simply believe the full text of our content should be enjoyed on our site.

I hope you understand.

Thanks,
Sean

I immediately asked by return email if we could post brief excerpts with links back to their site. They have not yet responded.

[kingu]

If there was a better example of a site to point to about fair use doctorine, I can't think of one. Free Republic /is/ about discussion of articles, commentary, etc.

The posting of full text articles, IMHO, gets tiresome, but is a valid expression. I would much rather see excerpts anyway, mostly because many articles aren't worth re-transmission of the full text. But images - that's a whole different matter.

Yes, commentary on images is a valid concept, and certainly would fall under fair use doctorine, but for one fact - Most people link to the image on someone else's server. That costs the newspaper, magazine, etc money each time the image is displayed. Perhaps thousandths of pennies, but it does impose a cost, which is not fair to the other site holder.

Anyway, my useless, non-lawyerly comments on the issue. I can understand the Onion wanting to preserve copyright - I've had my writings and work stolen more times than I can count, with people still making money off it - but with the exception of the images, I think they're doing themselves a disservice and not following the intent of the fair use of copyrighted material.

[Diverdogz]

Did you ask them if you could use it?

No. But if they ask me to stop I will.

[backhoe]

Tonk, I work on a very simple principle- do dirt to my people; become my enemy.

All this means is I will no longer patronize the Onion, or mention it to anyone, ever, again.

Not ever.

Enjoy the fruits of your ®, Onion...

[jocon307]

"Last bunch I would expect of having no sense of humor."

Yes, agreed; or to be opposed to the open and free exchange of ideas, etc. etc.

It kind of makes you wonder what is really going on. If it is just "full text" posting they object to, that I can understand. It denies their advertisers the expected "eyes".

If they don't want links, that makes no sense. And don't we have free speech rights to say "Hey! Go read this article in The Onion!"?

It actually sounds to me like someone told the webmaster to handle a situation that is a bit over his head. Something that should have been reviewed by upper management and maybe an attorney or two.

Reminds me of my job...at a law firm! Tell them they can't do this, must do that,etc. etc. To which my reply is often "Er, shouldn't YOU be doing that?"

[E.G.C.]

BTTT!!!!!!

[garbanzo]

It's a short-sighted judgment made by a lawyer, not a savvy businessman.

I almost don't blame the lawyers - I blame the copyright laws and precedents which are in need of serious reform. The lawyers pretty much have to act or have their clients risk the loss of their intellectual property by default. The law is such that failure to defend one's rights can imply that you're placing your work in the public domain.

[garbanzo]

The spoof was passed around the Net like a virus

Looks like they followed the Metallica business model. Spread our stuff until we get big and then we'll sue you to make a few extra bucks.

[Yeti]

From now on, they shall be known as freedom rings!

HA!

[AAABEST]

Bah!!

If it weren't for sites like this the Onion would be defunct right now. What morons, not to mention bad businessmen.

[leadpenny]

We are simply believe the full text of our content should be enjoyed on our site.

Very wordy, Sean. You could have just ended your reply to Jim with, "All your Onions are belong to us."

[GailA]

I don't read the Onion, much less post their stuff.

[glock rocks]

[ArneFufkin]

Stupid is as stupid does. I thought the folks at the Onion were brighter than this.

You won't mind, then, that I've reprinted your new book and that I'm giving it away or selling it for profit on my websites. Thanks, buddy. Keep that work coming, I need a new boat.

[EdReform]

"How many Freepers have been introduced to the site because of the posts, and continue to visit their site because of the initial exposure here?"

I'm one of those FReepers. I hadn't heard of The Onion before I saw their material posted here.

[Eaker]

Posting the occasional article is publicity. Stealing an entire book is theft.

Are you revealing your true character as you don't seem to know the difference?

[ArneFufkin]

You're not overly smart, are you?