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Comment Re:Hmmm (Score 1) 255

Then you fall into the second category. Or you're just ignorant.

Well, I'm a copyright lawyer, so I doubt I'm "completely and totally ignorant of the law." Have you considered the possibility that your analysis is wrong?

Since we're talking about works that haven't been around long enough to have their copyrights expire, that's totally irrelevant.

Just thought I'd mention it, since you did make a rather broad statement suggesting that works cannot enter the public domain unless deliberately placed there by the copyright holder. While copyright holders can put works into the public domain, it's not true that that is the only way for works to enter the public domain.

"Um, no. That would not be the scenes a faire doctrine."

The scenes a faire doctrine, which I don't have to google for, thanks, permits people to copy without fear of infringement, stock elements from works, which are typical, if not indispensible, for works that have a particular setting, genre, theme, etc.

In this case, where you have a show about teenagers fighting monsters with martial arts and giant robots, it would not infringe if you had a five person team, each member of which had personalities as described above, and where the members of the team were color-coded. It's simply expected of the genre, and therefore fair game, even if you copied it from another copyrighted work.

Now if the specific thing you copied was a very detailed example, and you kept all the details, you might then have a problem. So it depends on how much Power Rangers embellished on this standard device, if they did, and if so, how much of that embellishment, if any, was used in this case.

If you disagree as to my explanation, please feel free to actually say what you think the scenes a faire doctrine is.

Comment Re:Parody (Score 1) 255

I didn't say Disney's Peter Pan. I was talking about JM Barrie's Peter Pan, which Disney's Peter Pan is based on.

A new version of Peter Pan, based on Barrie's, could still tarnish the character well enough (if done right, and if widely published) so as to harm Disney's Peter Pan merely by association. But it would be lawful to do this. Disney's copyright on their version of Peter Pan does not extend to stopping other people from making their own derivatives of Barrie's work, even if they're very unwholesome derivatives.

Comment Re:Full blooded American here (Score 1) 671

snowden has a lot of options, he could wipe his mind clean and then be completely a vegitable. for one. i'm sure there are bugs that would love to infest his brain too... or he could just learn how to spontaneously combust. he could try to grow plants inside his body that use fusion to power their growth and petrify his heart while he still lives. he could use an array of abacus to start number crunching the full length string of pi. he could lock his brain in a infinite loop of forkbombs... even if they dd his brain the password file is probably eroded from the acid rain. so only guest accounts with no passwords can log in...

Comment Re:How did they do it (Score 1, Funny) 61

"I'm always amazed that they were able to build a civilization in such a thick jungle."

have you ever heard of Wraith bioelectronics? how about Zerg bio-infestation? what about the orc former ally the undead serving nazul?

a zero-point-module can sustain a sufficently large jungle if it gets one the above applied to it.

Comment Re:someone else can be first (Score 1, Informative) 130

packet injection for dummies.
1. user initiates comms
2. MITM detects comms
3. MITM rewrited packet headers and sends falsified packets AS user
4. Computer reads funny joke
5. computer spits coffee into keyboard
6. device is fried, user is blamed.
7. government sells broken device to user
8. user can't push device sold to them
9. user wishes it never happened
10. quantum paradox occurs
11. server reboots
12. ???
13. nuked from orbit
14. goto step 1.
15. bitch complains about tight loop.

Comment Re:Parody (Score 1) 255

And time shifting doesn't use just one. Time shifting monetized (when done by a company) is almost always not fair use. Tivo is the only one that survived legal challenges.

Time shifting is typically something that the end-user does. Tivo, like Sony before it (The original time shifting lawsuit was against Sony for their Betamax), merely makes the machine. So long as there is at least a potential lawful use for the recording function of the machine, they can go on making them. The Supreme Court found that at least some time shifting would be fair, and that was enough.

Space shifting is another example, the original case was against Diamond for their Rio MP3 players, but Apple's iPod relied on it, as did basically everyone else.

But it meets more than just one criteria. It's non-commercial.

No, the purpose of the use for time shifting, while not precisely commercial, is to simply use the work in the way that an ordinary user, who did not time shift, would use it. It's not strongly against fair use, but it certainly doesn't weigh for it in the way that an educational or transformative use would. At best it is a wash.

Comment Re:Parody (Score 2) 255

I don't think the parody exemption for copyrighed works applies to things protected by trademark, which I wouldn't be surprised if the Power Rangers are.

It does.

(Though the question of parodying a mark directly is different from parodying a work which happens to contain a mark. Parodying Star Wars, which includes X-Wings, and the Millennium Falcon, and Lightsabers, and so on is different from parodying the Star Wars logo all by itself)

Also, remember that trademarks are inferior to, and cannot be used as a substitute for, copyrights. And that trademarks themselves are subject to various limitations to allow for certain types of unauthorized use.

Comment Re:Parody (Score 2) 255

Peter Pan is in the public domain in the US. You can absolutely have Peter Pan promoting drug use ('fairy dust' can be the street name; a side effect might be paranoid hallucinations of ticking crocodiles, etc.), and publish it widely enough to detract from Disney's ability to keep Peter Pan a wholesome character that they can make tons of money off.

Go nuts.

But because people can ignore that -- In fact, I'm confident that there are bad porn versions of Peter Pan floating around -- it doesn't really detract from the original, or from the Disney movies, unless you allow it to. It's up to you, the audience member.

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