From: Declan McCullagh (declan[at]well.com)
To: SteelHead (brk[at]slip.net), politech[at]politechbot.com
Cc: Jeanne.Hamburg@bakerbotts.com, jericho[at]attrition.org,
theresa.melody@bakerbotts.com, staff[at]attrition.org,
sgamsin@mastercard.com, ayde_ayala@mastercard.com
Date: Sat, 30 Jun 2001 13:35:37 -0400
Subject: Re: More on Mastercard lawyers threatening Attrition.org over satire
From my weekly Wired column... --Declan
http://www.wired.com/news/print/0,1294,44939,00.html
Mastercard satire ... priceless: Mastercard lawyers are threatening the
Attrition.org hacker site for a parody of the company's Priceless campaign.
In e-mail to the site's operators, Mastercard's attorneys complained: "You
have posted and are distributing, at the http://www.attrition.org Web
address, material that infringes the MasterCard Priceless Advertisements
and that further infringes MasterCard's Priceless Mark." They warned of
unspecified "legal action" in the not-so-distant future.
Turns out Attrition.org hosts a few dozen JPG files that include hilarious
parodies of the Mastercard advertising campaign.
Attrition.org wrote back saying the parodies were protected under the First
Amendment: "Quit wasting both of our time. Quit harassing our upstream
provider who has no control over the content of this site. Quit sending us
vague threats of legal action without clearly documenting what you find
objection to. Quit demanding immediate replies to mail when you refuse to
show the same courtesy to me."
Charles Arthur, a well-spoken writer for The Independent newspaper, offered
this suggestion:
Cost of searching for "priceless" and "image" on Google ... $0.00002
Cost of sending lawyernastysnailmail to nonexistent P.O. Box for
attrition.org ... $1,594.32 (including bathroom break).
Cost of sending lawyernastyemail with snailmail as Word to attrition.org
... $0.34 (no bathroom break).
Cost of bugging attrition.org and its users and getting spread all around
Politech and interesting-people and who knows where ... PRICELESS.