Wonderful combative post by Cory Doctorow.
Last month, Xeni blogged about the photoshop disaster that is this Ralph Lauren advertisement, in which a model’s proportions appear to have been altered to give her an impossibly skinny body (“Dude, her head’s bigger than her pelvis”). Naturally, Xeni reproduced the ad in question. This is classic fair use: a reproduction “for purposes such as criticism, comment, news reporting,” etc.
However, Ralph Lauren’s marketing arm and its law firm don’t see it that way. According to them, this is an “infringing image,” and they thoughtfully took the time to send a DMCA takedown notice to our awesome ISP, Canada’s Priority Colo. One of the things that makes Priority Colo so awesome is that they don’t automatically act on DMCA takedowns. Instead, they pass them on to us and we talk about whether they pass the giggle-test.
This one doesn’t…
And, so, Cory goes on:
So, to Ralph Lauren, GreenbergTraurig, and PRL Holdings, Inc: sue and be damned. Copyright law doesn't give you the right to threaten your critics for pointing out the problems with your offerings. You should know better. And every time you threaten to sue us over stuff like this, we will:
a) Reproduce the original criticism, making damned sure that all our readers get a good, long look at it, and;
b) Publish your spurious legal threat along with copious mockery, so that it becomes highly ranked in search engines where other people you threaten can find it and take heart; and
c) Offer nourishing soup and sandwiches to your models.
Attaboy! This has also made me think about how useful it would be to have an ISP like PriorityColo.