Kuro5hin.org: technology and culture, from the trenches
create account | help/FAQ | contact | links | search | IRC | site news
[ Everything | Diaries | Technology | Science | Culture | Politics | Media | News | Internet | Op-Ed | Fiction | Meta | MLP ]
We need your support: buy an ad | premium membership

[P]
AP Shuts Down Latest "Wazzup" Movie

By evro in News
Fri Apr 28, 2000 at 03:46:15 AM EST
Tags: Freedom (all tags)
Freedom

I followed a link from the Stile Project today to this site, which had a message saying "we recieved this, so the site is gone. sorry." followed by an email from David Tomlin of the AP saying that he had used material owned by the AP and they would take legal action to have it removed if he didn't remove it. The email had a link to this site, which had the offending material: a "Wazzup!" Flash movie based on the AP photo of the INS guy aiming a gun at/toward Elian Gonzalez and "the fisherman." The Flash movie is now gone. Wired now has a story about this.


The AP guy's message follows (from the site):
I'm David Tomlin with AP.

We've already written the Geocities copyright agent about your
unauthorized defacing and display of AP pictures on your site there.

I'm writing now about the display at:
http://www.newgrounds.com/portal/view.php3?id=266

You are exposing yourself to liability for copyright infringement that
can include both fines and possible criminal penalties. We'll go for
whatever it takes to get our material out of your hands. Please
acknowledge immediately that you understand and are taking down
the display of AP pictures at the address above.

David Tomlin
AP 50 Rockefeller Plaza
New York 10020
(212) 621-1796
dtomlin@ap.org 

I then sent the following email to Mr. Tomlin:

Hello, I just found a link to the site 
http://www.geocities.com/elian_true/, which now has the message:

"we recieved this, so the site is gone. sorry.
 
I'm David Tomlin with AP.
We've already written the Geocities copyright agent about your 
unauthorized defacing and display of AP pictures on your site there.
I'm writing now about the display at: 
http://www.newgrounds.com/portal/view.php3?id=266

You are exposing yourself to liability for copyright infringement that 
can include both fines and possible criminal penalties. We'll go for 
whatever it takes to get our material out of your hands. Please 
acknowledge immediately that you understand and are taking down the 
display of AP pictures at the address above.

David Tomlin
AP 50 Rockefeller Plaza
New York 10020
(212) 621-1796
dtomlin@ap.org"

I went to the address specified in the above message and saw the flash 
movie, and I thought it was pretty funny.  My question is, and I am 
not affiliated with the offending site in any way, and I am not a 
lawyer (or even a law student) or copyright expert, but isn't 
something like this covered under fair use?  A cursory search turned 
up the following site on copyright from the Library of Congress: 
http://lcweb.loc.gov/copyright/faq.html#q47 , which states that:

"Under the fair use doctrine of the U.S. copyright statute, it is 
permissible to use limited portions of a work including quotes, for 
purposes such as commentary, criticism, news reporting, and scholarly 
reports. There are no legal rules permitting the use of a specific 
number of words, a certain number of musical notes, or percentages of 
a work. Whether a particular use qualifies as fair use depends on all 
the circumstances."

As I understand it, the fair use doctrine was incorporated into 
copyright law so that things like parody and satire wouldn't be 
destroyed, and the Elian "wazzup" thing seemed like a pretty good 
parody to me.  So isn't it covered by fair use?  If not, why?

Basically my argument is in that message.

Sponsors

Voxel dot net
o Managed Hosting
o VoxCAST Content Delivery
o Raw Infrastructure

Login

Related Links
o this site
o this site [2]
o "Wazzup!"
o a story
o Also by evro


Display: Sort:
AP Shuts Down Latest "Wazzup" Movie | 25 comments (25 topical, editorial, 0 hidden)
Crap like this needs to be heard. ... (none / 0) (#8)
by jetpack on Thu Apr 27, 2000 at 09:06:16 PM EST

jetpack voted 1 on this story.

Crap like this needs to be heard. Sounds like a big company threatening an individual without any good legal reason. We've seen it before and we'll see it again. It needs to be exposed for the horseshit that it probably is. (anyone remember the etoy fiasco?)
--
/* The beatings will continue until morale improves */

Warning: this message is what you'd... (2.67 / 3) (#2)
by mattc on Thu Apr 27, 2000 at 09:10:11 PM EST

mattc voted -1 on this story.

Warning: this message is what you'd call a 'flame' :-)

Anyone moronic enough to be entertained by this retarded movie should have their mouth sewn shut permanently and be forced to clean toilets for the rest of their life. They should also be prevented from breeding.

That's all. Thank you.

Re: Warning: this message is what you'd... (none / 0) (#11)
by evro on Fri Apr 28, 2000 at 04:03:33 AM EST

how... eloquent!
---
"Asking me who to follow -- don't ask me, I don't know!"
[ Parent ]
Re: Warning: this message is what you'd... (1.00 / 1) (#12)
by rusty on Fri Apr 28, 2000 at 04:27:26 AM EST

Decent flame. Let's see what the judges think:

8.6 from the Australian
7.9 from the Swiss
9.3 from the American judge (they always favor the home team)
oh, and a disappointing 3.4 from the Russian judge.

Well, back to you in the studio, Corky.

____
Not the real rusty
[ Parent ]

Re: Warning: this message is what you'd... (none / 0) (#19)
by skim123 on Fri Apr 28, 2000 at 09:34:14 PM EST

Ah, lighten up. Laugh a little, you'll enjoy life more. :-)

That shit is too funny.
No, no, no. That shit is too funny!

Money is in some respects like fire; it is a very excellent servant but a terrible master.
PT Barnum


[ Parent ]
I want to personally gut everyone t... (none / 0) (#6)
by Field Marshall Stack on Thu Apr 27, 2000 at 09:48:26 PM EST

Field Marshall Stack voted -1 on this story.

I want to personally gut everyone the slightest bit involved with that damn Elian kid.
--
Ben Allen, hiway@speakeasy.org
"Nobody ever lends money to a man with a sense of humor"
-Peter Tork

The A.P. wants freedom to publish w... (3.00 / 3) (#4)
by your_desired_username on Thu Apr 27, 2000 at 10:23:27 PM EST

your_desired_username voted 1 on this story.

The A.P. wants freedom to publish whatever they want, but they would rather you did not have the same freedom.

I don't quite understand: is there ... (none / 0) (#1)
by ramses0 on Thu Apr 27, 2000 at 10:30:33 PM EST

ramses0 voted 1 on this story.

I don't quite understand: is there a place where we can go to see what is under question? I probably need to read more, but for now, this seems interesting and important.
[ rate all comments , for great justice | sell.com ]

To see the offending material: (none / 0) (#10)
by evro on Fri Apr 28, 2000 at 04:02:48 AM EST

(Finally, this is out of the queue!)

These all work at the time I post this --

The bud one requires QT4 and the Elian ones require Flash. I think the superfriends one was the best. There was also one with some zoo animals or something and a couple of others I think... I don't know when that music came into the movie, but I think it fits. I'm sure Bud doesn't mind its ad being elevated to icon status.
---
"Asking me who to follow -- don't ask me, I don't know!"
[ Parent ]
Re: To see the offending material: (none / 0) (#17)
by ramses0 on Fri Apr 28, 2000 at 11:45:44 AM EST

Thanks for the linkage... I'm still @#*($&@# tired of all this "Elian" crap, it just feels like nosy, rabid, pretentious media.

And if you haven't read the wired article, that really made me angry too! Nosy, rabid, pretentious lawyers!!! UGH!!!

If someone wouldn't mind writing some sort of discussion piece about the erosion of fair use (reverse engineering, DVD, and now this parody), I'd vote +2 if I could. (with all apologies to marlowe :^)=

--Robert
[ rate all comments , for great justice | sell.com ]
[ Parent ]

Hmm .. Another one of those bigcorp... (none / 0) (#9)
by ejf on Thu Apr 27, 2000 at 11:44:51 PM EST

ejf voted 0 on this story.

Hmm .. Another one of those bigcorp vs. little website thingies. Rather long, too.
--- men are reasoning, not reasonable animals.

Whazzzzup?... (none / 0) (#5)
by inspire on Fri Apr 28, 2000 at 01:37:28 AM EST

inspire voted 1 on this story.

Whazzzzup?
--
What is the helix?

Re: Whazzzzup?... (none / 0) (#14)
by Anonymous Hero on Fri Apr 28, 2000 at 05:18:34 AM EST

Quite a bit, actually...I'm sitting on my yacht, having a martini, plotting to
destroy the world. 

And now that you know this, I'll have to kill you off as well, since you're one
witness too many. 

Announcer: "Bud - Who needs one?"


[ Parent ]
Re: Whazzzzup?... (none / 0) (#18)
by inspire on Fri Apr 28, 2000 at 02:26:29 PM EST

True, true...
--
What is the helix?
[ Parent ]
Who gives a shit? That whole "whaz... (none / 0) (#7)
by buzzbomb on Fri Apr 28, 2000 at 01:51:46 AM EST

buzzbomb voted -1 on this story.

Who gives a shit? That whole "whazzup" thing is stupid and annoying...just like everyone whining about that cuban brat that they don't even know. Send him back and keep him there...he doesn't have a greencard. Besides...it's their picture and they can do with it what they see fit.

I haven't laughed so loud in a long... (none / 0) (#3)
by skim123 on Fri Apr 28, 2000 at 03:08:01 AM EST

skim123 voted 1 on this story.

I haven't laughed so loud in a long time. Great, great, great, funny, funny, funny. WAZZUP!?!?! :-)

Money is in some respects like fire; it is a very excellent servant but a terrible master.
PT Barnum


Re: AP Shuts Down Latest "Wazzup" Movie (2.33 / 3) (#13)
by Inoshiro on Fri Apr 28, 2000 at 04:39:32 AM EST

Disclaimer: I'm a Canadian, which means I've only heard a couple of things about some Elian kid (Cuban, right? And some weird feminists won't let him be with his dad? [Censored]), and some Wazzup commercial (it's kinda funny, but I don't understand why they keep repeating "true").

Anyways, a friend and I were browsing IRC channel topics (they're usually quite creative) on Monday night. He'd only recently learned about IRC, and I was showing him sone things. Two of the topics were URLs: one and two.

One of the images was like the "Wazzup" commercial my friend showed me earlier that night (the first time I'd seen it). I assume this flash movie is the next logical step. So why is it wrong? IIRC, US law allows fair usage in a parody (this is parodying two things, which I think is funny). Perhaps we should tell the AP to cease and desist :-)

On a side tangent, this picture is my personal favourite. I'm assuming that contorted face on the bottom is one of those ladies responsible for Elian not going back to his father ;-)



--
[ イノシロ ]
Re: AP Shuts Down Latest "Wazzup" Movie (1.00 / 1) (#20)
by Commienst on Sat Apr 29, 2000 at 05:09:06 AM EST

Elian and his mother another cuban immigrant on a fucking cheaply made raft attempted to illegally immigrate to Cuba. His mother died somehow on the way there. Elian's fucking Miami relatives put words into his mouth and basically made a case for him staying with them. Castro used the kid to say if he was not returned to Cuba he would do something or other, I forget what exactly. The bastard Miami Cubans would wave their little Cuban flags (Cuban pride? what has Cuba or any south american country ever done to be proud of) in support of Elian staying with his Miami relatives. In the end the turd (Elian) is going back to Cuba. Good one less fucking illegal immigrant with bad english (lord knows the US already has more than enough of em). More air and water for me.

If I offended anyone... good. Fucking overlysensitized babies.

[ Parent ]

Re: AP Shuts Down Latest "Wazzup" Movie (2.50 / 2) (#21)
by Inoshiro on Sat Apr 29, 2000 at 07:32:48 AM EST

If this is what passes for popular news in the US, I think that the population, as a whole, should read more books and watch more movies -- anything to avoid this kind of evil sensationalist news.

As for Cuba, I think that they do have something to be proud of -- they threw out that Santo Batista fellow, who was basically a dictator. Castro decided to start a socialist paradise. Good for him. The US, being the small-minded critter it tends to be, decided that freedom to choose did not mean freedom to choose something that the US didn't like. So even though the US paparzi who stayed with with Castro's revolutionaries in the hills painted him as a modern day Robin Hood, the US imposed heavy sanctions. Cuba, robbed of any form of trade with its closest neighbour, started a slow spiral to destruction. Castro has done very well for his country, considering the downright evil sanctions imposed upon it by the McCarthy-era United States "Right is Right" conservatives.

At least as a Canadian, I only have to be ashamed of the Canadian Government's internment camps of Ukrainian and Japanese from WWII. Each country sucks in its own way :-(



--
[ イノシロ ]
[ Parent ]
Re: AP Shuts Down Latest "Wazzup" Movie (1.00 / 1) (#22)
by techt on Sat Apr 29, 2000 at 11:03:41 AM EST

If I offended anyone... good. Fucking overlysensitized babies.

Mourn the loss of rational discourse.
--
Proud member of the Electronic Frontier Foundation!
Are You? http://www.eff.org/support/joineff.html
[ Parent ]

Re: AP Shuts Down Latest "Wazzup" Movie (none / 0) (#25)
by Commienst on Mon May 01, 2000 at 01:11:46 PM EST

Mourn the loss of rational discourse.

Mourns the fact that he lives in the US, land of the offended! (Yes I know Americans are not the only ones on the internet, but if you felt you knew enough about the Elian story to reply and were offended its a 99 percent chance your a American.)

[ Parent ]

Re: AP Shuts Down Latest "Wazzup" Movie (2.00 / 2) (#15)
by drwiii on Fri Apr 28, 2000 at 11:09:17 AM EST

Just an FYI, if you're looking around for the file in question, it's likely named "266_elian.swf" and is 548722 bytes. And as for the content, it's pure hilarity.

Re: AP Shuts Down Latest "Wazzup" Movie (5.00 / 1) (#16)
by Novalis on Fri Apr 28, 2000 at 11:37:59 AM EST

The lastest news is that it's back. The 2 guys who made it work at playboy, and playboy put up a mirror. http://www.playboy.com/digital/inthenews.html
-Dave Turner
Old Man Murray has the same pic... (1.00 / 1) (#23)
by Pelorat on Sat Apr 29, 2000 at 01:08:31 PM EST

With John Romero's head replacing the SWAT guy's...

Old Man Murray's News Page

And here's another parody, fantasy RPG style:

PVP Online - Forsooth

Drop the chalupa! (1.00 / 1) (#24)
by Anonymous Hero on Sat Apr 29, 2000 at 01:32:35 PM EST

The wazzup movie is nothing compared to one I found on the net. INS agent: DROP THE CHALUPA! ...enter the Taco Bell dog.. YEAH MAN, DROP THE CHALUPA! It is so hilarious! Mouch better than the wazzup movie

AP Shuts Down Latest "Wazzup" Movie | 25 comments (25 topical, 0 editorial, 0 hidden)
Display: Sort:

kuro5hin.org

[XML]
All trademarks and copyrights on this page are owned by their respective companies. The Rest 2000 - Present Kuro5hin.org Inc.
See our legalese page for copyright policies. Please also read our Privacy Policy.
Kuro5hin.org is powered by Free Software, including Apache, Perl, and Linux, The Scoop Engine that runs this site is freely available, under the terms of the GPL.
Need some help? Email help@kuro5hin.org.
My heart's the long stairs.

Powered by Scoop create account | help/FAQ | mission | links | search | IRC | YOU choose the stories!