EFF Sues Barney the Dinosaur to Defend Online Free Speech

[David Farber <dave () farber net>]

Begin forwarded message:

From: EFF Press <press () eff org>
Date: August 24, 2006 3:14:07 AM EDT
To: presslist () eff org
Subject: [E-B] EFF Sues Barney the Dinosaur to Defend Online Free Speech
Reply-To: press () eff org

Electronic Frontier Foundation Media Release

For Immediate Release: Thursday, August 24, 2006

Contact:

Corynne McSherry
   Staff Attorney
   Electronic Frontier Foundation
   corynne () eff org
   +1 415 436-9333 x122

Fred von Lohmann
   Senior Intellectual Property Attorney
   Electronic Frontier Foundation
   fred () eff org
   +1 415 436-9333 x123 (office), +1 415 215-6087 (cell)

EFF Sues Barney the Dinosaur to Defend Online Free Speech

Lawsuit Fights Baseless Copyright, Trademark Threats

San Francisco - The Electronic Frontier Foundation (EFF)
asked a federal court Wednesday to protect the free speech
rights of a website publisher who has suffered years of
baseless legal threats over his parody of the Barney and
Friends television show.

Since 2002, the Lyons Partnership has repeatedly sent
meritless cease-and-desist letters to Stuart Frankel
because his website pokes fun of Barney the purple
dinosaur, the well-known children's television character.
Dr. Frankel, assisted by EFF, responded to these letters in
2002 and 2005, but Barney's lawyers have continued to
harass him.  The lawsuit filed by Dr. Frankel asks the
court to finally resolve the matter by declaring that his
parody does not infringe Barney's copyright or trademark
rights.

"Barney's lawyers are sending out intimidating lawyer
letters to parody websites that are clearly protected by
the First Amendment and fair use," said EFF Senior Staff
Attorney Fred von Lohmann.  "It's time for Barney to call
off his lawyer armies and get back to entertaining
children."

Barney's lawyers have a history of using copyright and
trademark laws as a pretext for censorship.  In fact, EFF
itself received such a warning in 2001 after archiving a
copy of a different Barney parody on its site.

"The misuse of intimidating cease-and-desist letters for
censorship is a growing problem online," said EFF Staff
Attorney Corynne McSherry.  "We hope this lawsuit sends a
message to Barney's owners and other corporations to think
twice before sending baseless threat letters."

EFF has long defended digital artists' rights to build upon
other creative works.  During the 2004 election campaign,
EFF helped protect JibJab Media, Inc., and its animation
"This Land" after Ludlow Music claimed the work infringed
the copyright of Woody Guthrie's song "This Land Is Your
Land."

EFF is being assisted in this case by Elizabeth Rader, an
attorney with the San Francisco office of Akin, Gump,
Strauss, Hauer & Feld LLP, which is defending Dr. Frankel's
free speech rights on a pro bono basis.

For the full complaint:
http://www.eff.org/legal/cases/barney/frankel_v_lyons_complaint.pdf

For more on Barney's copyright abuses:
http://www.eff.org/legal/cases/barney/

For this release:
http://www.eff.org/news/archives/2006_08.php#004881

About EFF

The Electronic Frontier Foundation is the leading civil
liberties organization working to protect rights in the
digital world. Founded in 1990, EFF actively encourages and
challenges industry and government to support free
expression and privacy online. EFF is a member-supported
organization and maintains one of the most linked-to
websites in the world at http://www.eff.org/


     -end-


_______________________________________________
presslist mailing list
https://falcon.eff.org/mailman/listinfo/presslist


-------------------------------------
You are subscribed as lists-ip () insecure org
To manage your subscription, go to
 http://v2.listbox.com/member/?listname=ip

Archives at: http://www.interesting-people.org/archives/interesting-people/