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alex
Developer
Joined: Jun 14, 2004
Age: 23
Posts: 6492
Location: DC Metro Area (No. VA)
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 Posted: Sat Jun 21, 2008 9:31 am Post subject: Autism Speaks Intimidates yet another Autistic Blogger |
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After the negative publicity Autism Speaks received for threatening to sue a 12 year old autistic girl for her perfectly legal parody website, you would think that the organization learned their lesson. Unfortunately, they're at it again, this time threatening an autistic blogger's t-shirt company with legal action for a shirt that read "'Autism Speaks' can go away. I have Autism. I can speak for myself." The organization claimed the t-shirt was a violation of copyright, despite the fact that such a t-shirt is protected as free speech.
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Full story:
http://www.wrongplanet.net/article371.html |
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JerryHatake
Mason Athletics Super Fan Enough Said
Joined: Jul 02, 2006
Age: 21
Posts: 10896
Location: Woodbridge, VA
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| Posted: Sat Jun 21, 2008 10:12 am Post subject: |
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Autism Speaks yet again shows no intelligent or regards to the freedom of speech. If this went to the supreme court the t-shirt would win and Autism Speaks will fall apart slowly hopefully and dissolved completely for good.
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"Just remember, their fans think their players are supermen. Well we're the kryptonite, and we're gonna win." Jim Larranaga |
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demeus
Deinonychus
Joined: Jul 25, 2007
Posts: 328
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| Posted: Sat Jun 21, 2008 10:27 am Post subject: |
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The first thing about this case is that it is not a copyright issue but a trademark issue. Copyright only protects images and creative works. The words "Autism Speaks" is not a creative work. This would like me using the letters IBM in something critical about their servers. Please note however that logos are copyrighted works (such as Alex's alien pictures).
The 2nd thing is that parodies and critical opinions are allowed under both the copyright and trademark laws. Those laws do convey specific rights but only so far as to prevent unjust use of work and confusion of who you represent. In no case do these shirts fall under either legal concept.
Most of the time, people getting these letters simply fold rather than stand up to them because of the "possible" draconian punishments should the person be found guilty. However, those that have stood up to these bullying tactics have found that it is not hard to win when the only purpose of such as letter is to silence a critic or bully someone into submission. The owners of the Jib-Jab site proved this when they stood up to a copyright cease and desist letter for their parodies. |
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alex
Developer
Joined: Jun 14, 2004
Age: 23
Posts: 6492
Location: DC Metro Area (No. VA)
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| Posted: Sat Jun 21, 2008 10:31 am Post subject: |
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| demeus wrote: | The first thing about this case is that it is not a copyright issue but a trademark issue. Copyright only protects images and creative works. The words "Autism Speaks" is not a creative work. This would like me using the letters IBM in something critical about their servers. Please note however that logos are copyrighted works (such as Alex's alien pictures).
The 2nd thing is that parodies and critical opinions are allowed under both the copyright and trademark laws. Those laws do convey specific rights but only so far as to prevent unjust use of work and confusion of who you represent. In no case do these shirts fall under either legal concept.
Most of the time, people getting these letters simply fold rather than stand up to them because of the "possible" draconian punishments should the person be found guilty. However, those that have stood up to these bullying tactics have found that it is not hard to win when the only purpose of such as letter is to silence a critic or bully someone into submission. The owners of the Jib-Jab site proved this when they stood up to a copyright cease and desist letter for their parodies. |
Everything demeus wrote is spot on. |
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JerryHatake
Mason Athletics Super Fan Enough Said
Joined: Jul 02, 2006
Age: 21
Posts: 10896
Location: Woodbridge, VA
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| Posted: Sat Jun 21, 2008 10:34 am Post subject: |
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^Oh ok I understand better now. Still it just prove that Autism Speaks made another legal misunderstanding on their account for something like a t-shirt that doesn't violate copyright and trademark laws.
_________________
"Just remember, their fans think their players are supermen. Well we're the kryptonite, and we're gonna win." Jim Larranaga |
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demeus
Deinonychus
Joined: Jul 25, 2007
Posts: 328
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| Posted: Sat Jun 21, 2008 12:06 pm Post subject: |
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| This is not a legal misunderstanding on the part of Autism Speaks. This is a calculated move designed to intimidate someone to not practice their rights under US Constitution and law. This happens all of the time and lawyers know most of the time it works. The way these letters are designed, if someone does stand up to them, they can back down quickly without any legal or financial harm because a case has not been filed with an answer yet. |
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MrMark
Abstract Data Type
Joined: Jul 04, 2006
Age: 51
Posts: 10110
Location: Tallahassee, FL
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| Posted: Sat Jun 21, 2008 12:08 pm Post subject: Re: Autism Speaks Intimidates yet another Autistic Blogger |
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| alex wrote: | | Quote: |
a shirt that read "'Autism Speaks' can go away. I have Autism. I can speak for myself." |
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Where can we get those?
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"The cordial quality of pear or plum
Rises as gladly in the single tree
As in the whole orchards resonant with bees."
- Emerson |
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JerryHatake
Mason Athletics Super Fan Enough Said
Joined: Jul 02, 2006
Age: 21
Posts: 10896
Location: Woodbridge, VA
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| Posted: Sat Jun 21, 2008 12:35 pm Post subject: |
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| demeus wrote: | | This is not a legal misunderstanding on the part of Autism Speaks. This is a calculated move designed to intimidate someone to not practice their rights under US Constitution and law. This happens all of the time and lawyers know most of the time it works. The way these letters are designed, if someone does stand up to them, they can back down quickly without any legal or financial harm because a case has not been filed with an answer yet. |
Well that is just not cool at all. 
_________________
"Just remember, their fans think their players are supermen. Well we're the kryptonite, and we're gonna win." Jim Larranaga |
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TheZach
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Location: Michigan, USA
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MrMark
Abstract Data Type
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Age: 51
Posts: 10110
Location: Tallahassee, FL
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| Posted: Sat Jun 21, 2008 2:45 pm Post subject: |
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We need one that says, "Why is Autism Speaks so threatened by autistic people?"
_________________
"The cordial quality of pear or plum
Rises as gladly in the single tree
As in the whole orchards resonant with bees."
- Emerson |
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TheZach
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MsTriste
OTS
Joined: Dec 08, 2005
Age: 45
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| Posted: Sat Jun 21, 2008 3:38 pm Post subject: |
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| JerryHatake wrote: | | Autism Speaks yet again shows no intelligent or regards to the freedom of speech. If this went to the supreme court the t-shirt would win and Autism Speaks will fall apart slowly hopefully and dissolved completely for good. |
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MrMark
Abstract Data Type
Joined: Jul 04, 2006
Age: 51
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Location: Tallahassee, FL
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| Posted: Sat Jun 21, 2008 3:57 pm Post subject: |
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I wonder if "Autistics Speak" would be trademark infringement.
_________________
"The cordial quality of pear or plum
Rises as gladly in the single tree
As in the whole orchards resonant with bees."
- Emerson |
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traveller011212
Phoenix
Joined: May 27, 2008
Age: 29
Posts: 519
Location: Right here!!
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| Posted: Sun Jun 22, 2008 12:02 am Post subject: |
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I looked at their website and 'scientific' research. I only saw pandering for money. They do give grants and fellowships, but I did not see one reference to primary literature of any kind. Most of their information for parents and the community seems more like fear mongering than informative discourse.
If they were so concerned with us they would have programs that help us integrate into the world while remaining ourselves. They would look to understand and not just eraticate. Most of what they tout as being major disruptions from a diseased child is actually displayed behavior by ALL children. 
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demeus
Deinonychus
Joined: Jul 25, 2007
Posts: 328
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| Posted: Sun Jun 22, 2008 12:03 am Post subject: |
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Mr Mark,
Trademark infringement would occur if the infringing words/design are close enough to confuse the common person to associate the infringing words/design with the company being infringed upon.
Autistics Speak may be such if used for a group name. |
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