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Re: NEWS: Paramount is Shutting Down Trek Websites!!!
In article <52m3lg$d6a@news.ghgcorp.com>, nkluksda@ghgcorp.com
(nkluksda@ghgcorp.com) wrote:
> If you do not like the actions of Paramount, you have two choices:
> 1) boycott Star Trek
> 2) attempt to persuade Paramount to change its mind
>
> The second might be accomplished by a letter-writing campaign to
> Paramount (precedent in TOS), or by enlisting the advertisers in
> such a campaign. Advertisers seldom hear thanks for supporting a
> show. An expression of such gratitude, coupled with a concern of
> how Paramount's actions might reduce the ranks of fans and thus the
> audience for the advertisements, probably will get the attention of
> the marketing suits at those companies which advertise during Star
> Trek. These, in turn, will get the attention of Viacom/Paramount
> executives.
>
> There are other mechanisms by which people can attempt to get the
> attention of Paramount - for example, massive creation of Web sites and
> abuse of the trademarks (as has been previously suggested) - but
> these are not legal and I cannot advocate.
>
> Of the two paths, I know which one I'll take.
Not to sound a discouraging note to such a civil exercise, but it is
doubtful letters in ANY volume could dissuade Paramount's legal experts
from defending its trademarked materials. This is something they MUST do,
although clearly they set the tone and the scale of such defense.
Again, I believe there is ample precedent in law to reproduce and
redistribute copyrighted information AS LONG AS the copier/distrubter does
not profit from the information and/or the holder of the copyright does
not suffer a demonstrable loss of income from such redistribution-- such
as printing the entire text of an author's book on the Internet, for
example, or the script of an as-yet unreleased motion picture.
It is this "softness" in the law that allows one to videotape a movie and
show it to friends.
Simply because Paramount SAYS this cannot be done does not make it fact in
law, any more than someone can post a sign saying "Not responsible for
lost or stolen articles" as a talisman against litigation. Recall Apple's
suit against Microsoft for the "look & feel" properties of its operating
system: Apple lost.
There is clearly a large amt of gray area in the intellectual property
debate. Paramount's case that the posting of a "snappy" of Data at a
popular fan site constitutes a loss or potential loss of revenue-- or
otherwise undermines their franchise-- would certainly not be the
strongest intellectual property suit to come before the court.
I would be surprised to find the Paramount Legal Eagles hassling smallfry
fan sites when there are larger fish to fry: those clearly profiting from
or by trademarked materials. If a person did receive such a request in
writing from Paramount's legal department, then the proper action to do
would be to remove it immediately... and hope 300 other fans in nations
worldwide mirror the site on their own iniative ;-)
--
Tim Johnson
codex@primenet.com
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