dabitch said:Commence the spoofs @pattonoswalt Join SpaghettiO's in remembering Kent State. pic.twitter.com/7E9kfij6cf — Adam Koford (@apelad) December 7, 2013
dabitch said:Tom, for a movie night a recommend Waiting for Superman and a box of Kleenex. The documentary film because it's quite good with ace animations to carry the story told, and the kleenex because watching kids not win the lottery at the end of the docu will break your heart. * probably infringing Vimeo copy of the entire Superman documentary can be found hereon the post: Commercial Advertising in Schools: Dumb, dumb, dumb.
dabitch said:... and then after the Donny Deutsch in a speedo joke was told, James_Trickery made a comment and we all laughed because guess what his avatar shows? Like omg, the tumblr-generation is missing out on some really old jokes here.on the post: Nike gets real in ads to women
dabitch said:I like how so many people think Goldieblox has stopped the lawsuit, when their open letter states that they haven't. In addition, we are ready to stop the lawsuit .... means that they haven't stopped the lawsuit yet. You hear that USA TODAY?on the post: GoldieBlox learns a lesson in engineering bad PR
dabitch said:Overall, the reporting on this was shoddy from the very beginning. Take this for example - reading it there's no indication that the reporter did anything other than read Sterlings open letter. "The company also plans to withdraw" is an interpretation of "we are ready to stop the lawsuit as long as this means we will no longer be under threat from your legal team." and that interpretation turned into headline: "Goldieblox ENDS LAWSUIT" over at AP written USA today article. What's lacking here is both proof that Beastie Boys ever threatened them, and proof the lawsuit Goldieblox filed has been withdrawn.on the post: GoldieBlox learns a lesson in engineering bad PR
dabitch said:So anyway, the Amarillo people are now being crowdsourced. Will they get paid or did they blow the budget on Mr Copydesigner?
dabitch said:Small Business Forbes While GoldieBlox’s lawsuit may seem peculiar, attorney Jon Moskin, an intellectual property partner with the law firm Foley & Lardner, says U.S. law permits companies under reasonable threat of litigation to file a pre-emptive suit. “The company may have invested a substantial amount of money in a new product, for example, and be threatened with claims … it puts a cloud over the company’s business plan, and customers may not want to carry a product if they feel it’s infringing,” says Moskin. By filing a suit pre-emptively, he says businesses are able to actively pursue a solution, rather than waiting to get hit with a lawsuit. He says taking pre-emptive action also gives companies the home-court advantage, so to speak, as the defendant is forced to travel to the state in which the suit is filed in. While some of the defendants named, including Island Def Jam, are also based in California, Horovitz is identified in the suit as a resident of New York City. Moskin says GoldieBlox doesn’t have a particularly strong case. While the “fair use” rule allows people to use copyrighted material for the purpose of education, criticism, parody or public dialogue, Moskin says the fact that the GoldieBlox’s version of the song is being used explicitly to help sell a toy set doesn’t help the company’s argument. “If they’d been doing this purely for educational purpose – it would certainly help them,” says Moskin. He says precedents on the books in California suggest that the law will view the Beastie Boys’ side more favorably. However, the company may have already won in its own court of opinion, he says. “The fact that you’re calling me, and that they are getting a lot of publicity from this – they may have made a calculated decision that the cost of the suit [is justified],” says Moskin. GoldieBlox declined to comment for this article.
dabitch said:“Through others we become ourselves.” (image from Nazi meat) Consider the thread pre-Godwinned and carry on.
dabitch said:Well, first - buying youtube views is a dirty little secret that we all know about in advertising and everyone pretends it doesn't happen because ShhhH!! ;) Second, if we're pretending the bought views didn't happen, Mashable did the math on how much this commercial for Goldieblox can have made in their post. Still, GoldieBlox appears to have benefited from using the song without permission. Before the company pulled the first version of the ad, it had racked up 9 million views. While it's hard to say what the value is of such a viral video, a back-of-the-envelope calculation based on ad revenues from the song Gangnam Style (about $1.7 million for 1 billion views) reveals that the figure is around $156,000. Assuming a similar arrangement (with Google getting about half the ad dollars), GoldieBlox should make about $78,000 in ad revenues from the viral ad.
dabitch said:Goldieblox terms of service on their website says you need a license to link to their website. You can't make this stuff up, people. 16. LINKS BY YOU TO THE WEBSITE . We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Website, so long as: (a) the links only incorporate text, and do not use any trademark graphics that are owned or licensed to GoldieBlox, (b) the links and the content on your website do not suggest any affiliation with GoldieBlox or cause any other confusion, and (c) the links and the content on your website do not portray GoldieBlox or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is inappropriate for children or that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to GoldieBlox. GoldieBlox reserves the right to suspend or prohibit linking to the Website for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party. Really? They will stop us from linking them? My name is Dabitch, I bet your lawyers thinks that's obscene. Lets have that C&D sent over asap, please.
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