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To: per loin
These folks, agree with them or not, are engaging in political speech. That there T-Shirts are for sale is not fundamentally different from books, magazines, or newspapers which contain political statements being for sale.

Yes, they are fundamentally different, for a number of reasons, but one of the main ones is that parody political speech in publications consists mainly of well-established "fair use" exceptions to copyright law. In Campbell v. Acuff-Rose, SCOTUS Justice David Souter wrote that "like less ostensibly humorous forms of criticism, [parody] can provide social benefit by shedding light on an earlier work, and, in the process, creating a new one." Merely screwing with a trademark does not involve copyright law one bit, does not "shed light on an earlier [copyrighted] work and create a new one in the process," and thus is not covered under "fair use" laws.

But I have a question for you. Would your opinions be the same if the T-Shirts were attacking the Clinton News Network in the same fashion?

Sorry, PL, but this suggests to me that you haven't actually read the article or my response - or at least haven't read them very closely - because both the article and my response make it quite clear this company IS offering an anti-CNN t-shirt. The article mentions the CNN shirt in just its third sentence.

And as I already indicated in my original response, my feelings are exactly the same regarding this shirt. CNN will be legally forced to send out a cease-and-desist order to protect their trademark, whether they want to or not. I have no opinion on the CNN shirt itself other than to say that it's deriviative and lame, and you'd think they could come up with something funnier.

16 posted on 06/28/2003 12:20:42 AM PDT by Dont Mention the War
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To: Dont Mention the War
You insist upon seeing the case as primarily one of copyright law, and of infringement under that law. I suspect that the courts will instead agree with me that it is primarily a case of political speech, and rule against Fox. Time will tell which of us is correct.

Sorry, PL, but this suggests to me that you haven't actually read the article or my response - or at least haven't read them very closely

And i suggest that your reply indicates that it is you who has either failed to read closely, or are unable to distinquish between Clinton and the Pentagon. Now please answer the question.

19 posted on 06/28/2003 12:52:57 AM PDT by per loin
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