EFF gets into NY Union Square parody fight
p2pnet news view | Freedom:- If the name Savitri Durkee is familiar, and what with it being near Christmas, and all, you may be thinking of Rob VanAlkemade’s documentary ‘What Would Jesus Buy?‘
“The film takes us on a 2005 cross-country tour with Reverend Billy; Savitri D, his wife and organizer of his Church of Stop Shopping,” said the New York Times, “and the church’s gospel choir. Along the way they deliver their message – that peace and love, not spending, are the true backbone of holiday spirit – through witty speeches and songs to unsuspecting patrons at assorted problem spots like Wal-Mart, the Mall of America and Disneyland.”
But that wasn’t all Durkee was into.
“Savitri Durkee, director of Reverend Billy and the Church of Stop Shopping, will defend a political parody website against a federal copyright infringement lawsuit filed by the Union Square Partnership (USP),” says revbilly.com, going on »»»
USP, the Business Improvement District (BID) for the Union Square neighborhood in Manhattan, alleges the satirical website infringes on the “look and feel” of their own website.
Durkee has been actively campaigning against USP’s effort to turn the historic Union Square pavilion on the north end of the park into a “tablecloth restaurant” and, in particular, their brokering of a 7.1 million dollar anonymous donation that stipulates extensive renovations and reconstruction of the pavilion as a private, for-profit restaurant to be leased long-term to an as yet unnamed proprietor.
After learning of the privatization scheme, Durkee developed the parody website underlining community resistance to the plan. The website replaced pictures of happy shoppers with photos of the 80 year-old Elm trees that USP cut down in May, a portrait of a squirrel holding a “Keep Parks Public!” sign, documentation of an action in which a gigantic “NOT FOR SALE” sign was hung from the pavilion and an Onion-style article with the headline “Danny Meyer Apologizes to Reverend Billy”.
The headline referred to celebrity restaurateur Danny Meyer, co-chair of the USP board of directors and director of the Union Square Hospitality Group, a consortium of restaurants and foodservices.
So USP did what any fair-minded organisation would do. It used the DMCA to shut the site down.
In response, “Reverend Billy, Savitri D. and others sauntered in bringing with them the trees to the surprise of stunned diners and restaurant staff,” says the Washington Square Park blog.
“Their message: ‘Union Square, Not For Sale.’ The Park is pushing back.”
“Not surprisingly (although they were in there for a pret-ty long time), they were then asked to leave by management and also undercover policemen who came in to the restaurant from the street. After having delivered the message, Reverend Billy laid sod and trees down on the sidewalk outside the front restaurant window …”
Enter the EFF which today filed a response to USP’s complaint on Durkee’s behalf, pointing out that Durkee’s parody is protected under the First Amendment and fair use doctrine.
“The response includes counterclaims asking the court to declare that her site does not infringe USP’s trademarks and to prevent USP from taking control of Durkee’s domain name, as well as to find that USP’s complaint was intended to stifle legitimate political speech. Durkee is also seeking compensation for the abridgement of her speech,”" says the EFF.
“Union Square is where the U.S. labor movement was born and where abolitionists, suffragettes, civil right activists and many others have fought for and exercised their First Amendment rights,” says Durkee. “It’s ironic that USP is now trying to keep me from using my parody website to speak out about the future of Union Square.”
In addition to filing her answer and counterclaims, Durkee asked the court to convene a conference as soon as possible to set a schedule for briefing and a hearing.
The pic is from the Washington Square Park post.
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What Would Jesus Buy? – The Shopocalypse is coming !!!, November 23, 2007
New York Times – The Gospel of Stop Shopping, November 16, 2007
Washington Square Park – Union Square Park ‘Push Back Picnic’ Takes on Danny Meyer and Union Square Cafe, July 3, 2008
EFF – Bogus IP Claims Quash Debate Over Future of NYC Landmark, November 28, 2008
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November 18th, 2008 at 8:54 pm
Another instance of what Copyright is REALLY used for, and why Copyright laws continue to be
made even more draconian.
Stifle independent speech and opinion.
Eliminate competition and competitive innovation ( unless the innovator happens to belong to a large coporation ).