FOX v. FITS?
RUPERT MURDOCH’S ATTORNEYS ON THE WARPATH AGAINST SIC WILLIE
FITSNews - May 20, 2008 - We’re sure the army of intellectual property lawyers over at Twentieth Century Fox figured Columbia, S.C. was the last place they’d run into a First Amendment fight over allegedly “protected images” of actress Megan Fox.
We’re sure they just assumed that a tiny, inconsequential little website in an ig’nrant-ass little state like South Carolina would be duly intimidated by their form letter legalese, and would immediately comply with their demand to remove Ms. Fox’s picture from our website … perhaps even trembling a bit in our thigh-highs as we did so at their threat of “significant monetary liability.”
Well, we hate to break it to Rupert Murdoch & Co., but that’s just not how we roll. Nor is it how our attorneys roll.
Bottom line, if you’re going to come into our kitchen and demand that we retract, remove, replace or reword something we’ve posted, you better damn sure come with a lot more than an error-laden form letter basically threatening to bankrupt us if we don’t do what you’re asking.
Anyway, here’s what Twentieth Century Fox sent us last night:
FITSNEWS.com
To Whom It May Concern:
We are writing on behalf of Twentieth Century Fox Film and its related entities and Megan Fox (hereinafter collectively referred to as “Fox”) which own intellectual property and other rights in and to “Jennifer’s Body,” the Fox Atomic motion picture film. It has come to our attention that multiple images of actress, Megan Fox, have been posted on the website http://www.fitsnews.com/2008/05/12/megan-fox-is-all-sorts-of-naked/ without authorization of Fox and in violation of multiple proprietary, privacy, and reputational rights.
We demand that you remove the images of actress, Megan Fox, from the website photo gallery, http://www.fitsnews.com/2008/05/12/megan-fox-is-all-sorts-of-naked/.
Please confirm via e-mail that you will comply with our request. Failure to comply may result in significant monetary liability.
Sincerely,
Twentieth Century Fox Film Corporation
Intellectual Property Department
E-mail: FoxIP@fox.com
Yeah … what Murdoch’s lawyers neglected to mention was that their intellectual property rights don’t apply to images that they didn’t take - sort of like our exclusive pics of Reese Witherspoon and Jake Gyllenhaal don’t belong to them or to their studio, they belong to us.
And if even Murdoch’s attorneys are able to demonstrate that the photo we posted (and sourced back to our good friends at WWTDD) is somehow their proprietary material, they waived those rights the second the photos appeared on eleventy kabillion other websites, thus making them part of the public domain.
Accordingly, here was Sic Willie’s surprisingly polite response to Murdoch’s lawyers:
Twentieth Century Fox Film Corporation
Intellectual Property Department
Via e-mail to foxIP@fox.comTo Whom It May Concern:
Thank you for your email. Before I comply with your demand, please provide me with documentation that confirms you have proprietary rights to or other protected legal interests in the single, sourced image that was posted on my website. In addition, please advise me as to how any of your alleged rights to this image have been violated when the image is part of and was obtained from the public domain. Once you have provided me with this requested information, I will be happy to consider your demand after careful consultation with my attorneys.
Sincerely,
W
Will Folks, Founding Editor
w@fitsnews.com
Your move, Rupert …
Comments
By will is an idiot on May 20th, 2008 at 12:00 pm
Will quit pretending you went to law school—you have no idea what you are talking about.
By sonofthesouth on May 20th, 2008 at 1:03 pm
Way to go Will! Screw those Hollywierd bafoons. And screw #1 also, who gives a big rats ass what he thinks.
By To Whom It May Concern on May 20th, 2008 at 1:58 pm
“To Whom It May Concern” could well end up as this year’s most popular Baby name. Sure beats “Rupert.”
By smart kid Grant on May 20th, 2008 at 4:38 pm
Well, you said that you loved being sued, and you get your wish!
By reggie on May 20th, 2008 at 4:50 pm
when you appeal this in court, be sure to say “I object!, You cant handle the TRUTH!!!!!!!” just for the heck of it. that should give you a pr boost
By SmackDaddy on May 20th, 2008 at 6:37 pm
Do you have Bender on retainer? You must spend half of your budget on legal fees.
By cal on May 20th, 2008 at 8:59 pm
to # 2…. isn’t that the whole point of a blog? to see what other people think? don’t be so freaking ignorant.
By Believe It Not (a.k.a. Sic Willie's Stalker) on May 20th, 2008 at 10:43 pm
sic(k) willie,
Look back to our warnings that our use of protected photos would come back to bite you on your @rse. Rupert can and probably will be willing to spend several Brazillion dollars to sue you. He won’t care if he wins. He’ll do it just to see the expression on your face.
BIN News Editorial Staff
By Talley Got Whacked Once on October 31st, 2008 at 9:02 am
he doesnt have to know what he is talking about. just throw some nice jargon out there and and appear to not go down without a fight and they will keep to themselves. way to go sic
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