Comment Re:The Penny Arcade-Strawberry Shortcake comic? (Score 1) 286
And dang, hit submit before I finished yet another thought - anyway, you're wrong. PA got their strip pulled because American Greetings threatened action under trademark violation, not copyright violation.
Now, you, and the general public at large, might see trademark and copyright as the same, but legally they are not ;)
So, to restate: the issue at hand in the case of Chuck DeVore's campaign material relates to copyright violation. The issue of Penny Arcade and the Strawberry Shortcake Snafu related to trademark violation. Yes, they both deal with areas of law, making them similar in that respect. No, any decision regarding the copyrighted music in the ads is not likely to have any impact on legal matters relating to trademark infringement, except in fairly oblique manners. Yes, your statements were off-topic because there are more ways than one to create derivative works than just through parody, and Game Genie didn't try to argue parody against Nintendo's lawsuit. Also, Accolade lawsuit: not about parody. I guess my points are: fair use != parody, and trademark != copyright. Finally, I admit I failed miserably in missing the redheaded dominatrix analogy staring me right in the face (whilst I stared anywhere but). My apologies to everyone who was offended by my bad taste! :D