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Comment: Re:Forget fair use. Call it parody or commentary. (Score 1) 252

by mr_mischief (#49183551) Attached to: Gritty 'Power Rangers' Short Is Not Fair Use

From your sources:


A form of speech protected by the First Amendment as a "distorted imitation" of an original work for the purpose of commenting on it.


Also found in: Dictionary/thesaurus, Acronyms, Encyclopedia, Wikipedia.
See also: caricature, distortion, irony, parody, ridicule
Burton's Legal Thesaurus, 4E. Copyright © 2007 by William C. Burton. Used with permission of The McGraw-Hill Companies, Inc.

I would trust Black's over TFD, and a lawyer over either of us. Still, there's nothing at either of those URLs that appears counter to the work being parody or satire. The definition is even more broad than that of Webster's.

There's a legal blog post (which is not by me and is not case-specific legal advice by anyone) from Legal Process Outsourcing Services that has much more about the topic. The "Elements of Parody" is exceptionally clear and important here.

Comment: Re:That's because it's not entirely copyright anyw (Score 1) 252

by mr_mischief (#49175517) Attached to: Gritty 'Power Rangers' Short Is Not Fair Use

True, but Mickey Mouse is in every market. Tshirts? Hats? Lunchboxes? Mickey. Watches? Curtains? Bes sheets? Mickey. Breakfast cereals? Pastas? Clock radios? Mickey.

If you can find a market in which there's no Mickey Mouse licensed good, then there's a damn good chance they'd sue you instead on diminishing their image through an implied endorsement of your Mickey Mouse submachine gun.

Comment: Forget fair use. Call it parody or commentary. (Score 4, Informative) 252

by mr_mischief (#49173281) Attached to: Gritty 'Power Rangers' Short Is Not Fair Use

The original Power Rangers is campy and laughable. Showing gritty topics in a saccharine sweet, good guys always triumphant without any real struggle or doubt way that the children's shows often do is worth satirizing.

From Webster:

Full Definition of SATIRE

1 : a literary work holding up human vices and follies to ridicule or scorn
2 : trenchant wit, irony, or sarcasm used to expose and discredit vice or folly

Definition of SATIRE

a creative work that uses sharp humor to point up the foolishness of a person, institution, or human nature in general
Synonyms lampoon, pasquinade
Related Words burlesque, caricature, parody, spoof, takeoff; comedy, farce, sketch, skit, slapstick, squib; derision, ridicule; cartoon, mockery, travesty

Comment: Bah, Harris produces everything (Score 2) 194

by mr_mischief (#49166279) Attached to: Feds Admit Stingray Can Disrupt Bystanders' Communications

Harris won't care about restrictions on Stingray devices. They'll still sell them. They also sell actual cellular radio equipment, TV broadcasting stuff, and AM and FM radio broadcasting stuff. If it's a big tower with antennae on it and a shed next to it, Harris probably produced some part of the equipment involved.

Comment: Well, that would help (Score 2) 245

by mr_mischief (#49132253) Attached to: The Peculiar Economics of Developing New Antibiotics

Competitions like that can help. However, funding of basic research that can then lead to big breakthroughs later is also a good idea.

Here's a proposal: stop granting hugely profitable exclusive patents on university research funded by the federal government. Give the government a right to license broadly patents it helped fund and share the proceeds with the discovering professors and students. That way the cost to the pharma companies would be smaller.

Use the government's proceeds from licensing said patent to fund the FDA's evaluation of any drugs based on the research. This further cuts down on the costs to the drug company.

Make it a term in the research's patents that final drug patents based on it must be similarly licensed. Use those proceeds to subsidize Medicare and Medicaid.

Then, the drug research is more widely spread, the benefits and risks of the research are more widely spread, the risks are lower per company, the costs of the drugs are lower to bring to market. The market prices may even follow suit.

Then, tie the research funding to a certain amount of the funds across the country being used for classes of drugs the public really needs but are being underrepresented, like antibiotics.

Comment: There's no money for the prison vendors. (Score 1) 176

There's no money for the prison vendors when an inmate uses Facebook. Those calls aren't cheap, and neither are letters. Count on these folks being able to use social media when there's an app to give the state and some contractor a cut of a fee for each post collected from the family of the incarcerated.

Each honest calling, each walk of life, has its own elite, its own aristocracy based on excellence of performance. -- James Bryant Conant