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	<title>Comments on: Law firm demands retailer destroy all copies of Olivia Munn comic, retailer&#160;refuses</title>
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	<description>Brain candy for Happy Mutants</description>
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		<title>By: Jesse Thorn</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-705539</link>
		<dc:creator>Jesse Thorn</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-705539</guid>
		<description>I&#039;ve been on Olivia&#039;s show a couple times, and met her.  She&#039;s a very nice lady, and this whole thing kind of creeps me out.  I don&#039;t see any evidence that it&#039;s parody - if it is, I suppose it&#039;s legal, but that doesn&#039;t make it less creepy.

I&#039;m a (very minor) public figure myself, and if someone made a hyper-sexualized comic book about me without my permission, I&#039;d be pretty upset.  And I think I&#039;d have grounds to be.

Again: may be completely legal, and I&#039;m no fan of lawyer-bullying, but I&#039;m not crazy about it otherwise.</description>
		<content:encoded><![CDATA[<p>I&#8217;ve been on Olivia&#8217;s show a couple times, and met her.  She&#8217;s a very nice lady, and this whole thing kind of creeps me out.  I don&#8217;t see any evidence that it&#8217;s parody &#8211; if it is, I suppose it&#8217;s legal, but that doesn&#8217;t make it less creepy.</p>
<p>I&#8217;m a (very minor) public figure myself, and if someone made a hyper-sexualized comic book about me without my permission, I&#8217;d be pretty upset.  And I think I&#8217;d have grounds to be.</p>
<p>Again: may be completely legal, and I&#8217;m no fan of lawyer-bullying, but I&#8217;m not crazy about it otherwise.</p>
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		<title>By: Bonnie</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-709126</link>
		<dc:creator>Bonnie</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-709126</guid>
		<description>Meanwhile, the writers at MAD magazine are giggling...</description>
		<content:encoded><![CDATA[<p>Meanwhile, the writers at MAD magazine are giggling&#8230;</p>
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		<title>By: VagabondAstronomer</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-706055</link>
		<dc:creator>VagabondAstronomer</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-706055</guid>
		<description>This just begs the question - can the world handle another Megan Fox?</description>
		<content:encoded><![CDATA[<p>This just begs the question &#8211; can the world handle another Megan Fox?</p>
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		<title>By: Anonymous</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-706311</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-706311</guid>
		<description>shes on G4 and going to be in the new Iron Man movie</description>
		<content:encoded><![CDATA[<p>shes on G4 and going to be in the new Iron Man movie</p>
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		<title>By: Anonymous</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-705545</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-705545</guid>
		<description>The responses here and in the linked forum thread seem to confuse copyright law (and its parody exemption) with personality rights.  The seller is in Massachusetts, with whose laws I&#039;m not as familiar, but in California it&#039;s plainly illegal to use someone&#039;s name or likeness for commercial purposes without their permission (California Civil Code 3344).

That said, the law firm certainly didn&#039;t help this confusion by addressing the letter to &quot;DMCA Agent.&quot;
</description>
		<content:encoded><![CDATA[<p>The responses here and in the linked forum thread seem to confuse copyright law (and its parody exemption) with personality rights.  The seller is in Massachusetts, with whose laws I&#8217;m not as familiar, but in California it&#8217;s plainly illegal to use someone&#8217;s name or likeness for commercial purposes without their permission (California Civil Code 3344).</p>
<p>That said, the law firm certainly didn&#8217;t help this confusion by addressing the letter to &#8220;DMCA Agent.&#8221;</p>
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		<title>By: Anonymous</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-705548</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-705548</guid>
		<description>&lt;blockquote&gt;Munn and/or her lawyers need to look up the Streisand Effect.&lt;/blockquote&gt;

Well duh, my guess is &lt;em&gt;that&#039;s the whole point~&lt;/em&gt; They have looked it up, and they&#039;re banking on it!</description>
		<content:encoded><![CDATA[<blockquote><p>Munn and/or her lawyers need to look up the Streisand Effect.</p></blockquote>
<p>Well duh, my guess is <em>that&#8217;s the whole point~</em> They have looked it up, and they&#8217;re banking on it!</p>
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		<title>By: salsaman</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-705549</link>
		<dc:creator>salsaman</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-705549</guid>
		<description>Never heard of her either, but given who she seems to be, this sounds like a brilliant marketing move:  an C&amp;D letter-- a few hundred bucks&#039; of attorney time-- has made it all the way to bb in short order, driving traffic to Heavy Ink, her Wikipedia page, Maxim, briandenham.com, etc.  Genius!</description>
		<content:encoded><![CDATA[<p>Never heard of her either, but given who she seems to be, this sounds like a brilliant marketing move:  an C&#038;D letter&#8211; a few hundred bucks&#8217; of attorney time&#8211; has made it all the way to bb in short order, driving traffic to Heavy Ink, her Wikipedia page, Maxim, briandenham.com, etc.  Genius!</p>
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		<title>By: Mark Frauenfelder</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-705551</link>
		<dc:creator>Mark Frauenfelder</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-705551</guid>
		<description>C&#039;mon Xopher, that is uncalled for. Please don&#039;t make disparging remarks about people&#039;s bodies on Boing Boing.</description>
		<content:encoded><![CDATA[<p>C&#8217;mon Xopher, that is uncalled for. Please don&#8217;t make disparging remarks about people&#8217;s bodies on Boing Boing.</p>
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		<title>By: Anonymous</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-705808</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-705808</guid>
		<description>Change the subject of the comic book to Angelina Jolie. Suddenly the comic company has no case. There&#039;s no way they&#039;d try to make her into one of their characters. But with Olivia Munn it strangely seems like they have an argument. She&#039;s an automatic parody, maybe?</description>
		<content:encoded><![CDATA[<p>Change the subject of the comic book to Angelina Jolie. Suddenly the comic company has no case. There&#8217;s no way they&#8217;d try to make her into one of their characters. But with Olivia Munn it strangely seems like they have an argument. She&#8217;s an automatic parody, maybe?</p>
]]></content:encoded>
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		<title>By: Anonymous</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-705553</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-705553</guid>
		<description>From the description of the comic:

&quot;Olivia Munn conquers the world in this hilarious spoof! Hollywood&#039;s hottest geek girl, Olivia Munn, hosts G4&#039;s Attack of the Show, but while at Comic Con, she is attacked by a swarm of fans. Unable to escape, her gamma-irradiated cells explode and unleash the fury of The 50-Foot Womunn. It&#039;s the showdown of the century! Geeks vs Munn!&quot;

Seems a lot like a spoof type skit they&#039;d do on SNL, so what&#039;s the difference?  Not sure she can complain that it is &quot;hyper sexualized&quot; since she has pictures on her public web page in bikinis, underwear, and topless.

Again, not sure what the complaint really is here...</description>
		<content:encoded><![CDATA[<p>From the description of the comic:</p>
<p>&#8220;Olivia Munn conquers the world in this hilarious spoof! Hollywood&#8217;s hottest geek girl, Olivia Munn, hosts G4&#8242;s Attack of the Show, but while at Comic Con, she is attacked by a swarm of fans. Unable to escape, her gamma-irradiated cells explode and unleash the fury of The 50-Foot Womunn. It&#8217;s the showdown of the century! Geeks vs Munn!&#8221;</p>
<p>Seems a lot like a spoof type skit they&#8217;d do on SNL, so what&#8217;s the difference?  Not sure she can complain that it is &#8220;hyper sexualized&#8221; since she has pictures on her public web page in bikinis, underwear, and topless.</p>
<p>Again, not sure what the complaint really is here&#8230;</p>
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		<title>By: MikeyHammond</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-705555</link>
		<dc:creator>MikeyHammond</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-705555</guid>
		<description>I&#039;m with Jesse on some of this. Ms. Munn&#039;s talent and quality of looks is highly subjective, so Xopher please chill out with the hate. I hate lawyer bullying but it&#039;s her lawyers not necessarily her (as far as we know) who sent this letter. She may not even know the full details of this other than what she&#039;s heard from them. So please just don&#039;t jump to conclusions or dramatize the situation.</description>
		<content:encoded><![CDATA[<p>I&#8217;m with Jesse on some of this. Ms. Munn&#8217;s talent and quality of looks is highly subjective, so Xopher please chill out with the hate. I hate lawyer bullying but it&#8217;s her lawyers not necessarily her (as far as we know) who sent this letter. She may not even know the full details of this other than what she&#8217;s heard from them. So please just don&#8217;t jump to conclusions or dramatize the situation.</p>
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		<title>By: Anonymous</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-706323</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-706323</guid>
		<description>One of the things you have to understand is that there are certain times you must take legal action against people regardless of how you personally feel.  If you do not you will find you have legally set a precedent of not protecting those things.  Then when a  real problem happens you find  its much harder to legally defend yourself in court.  Whether or not someone is being a creep or stupid or ugly or ungrateful is not the point at all.</description>
		<content:encoded><![CDATA[<p>One of the things you have to understand is that there are certain times you must take legal action against people regardless of how you personally feel.  If you do not you will find you have legally set a precedent of not protecting those things.  Then when a  real problem happens you find  its much harder to legally defend yourself in court.  Whether or not someone is being a creep or stupid or ugly or ungrateful is not the point at all.</p>
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		<title>By: Church</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-705558</link>
		<dc:creator>Church</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-705558</guid>
		<description>&quot;I&#039;m a (very minor) public figure myself, and if someone made a hyper-sexualized comic book about me without my permission, I&#039;d be pretty upset. And I think I&#039;d have grounds to be.&quot;

And then you&#039;d sic the lawyers on them? Because it seems to me that if there&#039;s a line that&#039;s been crossed here, that&#039;s it.</description>
		<content:encoded><![CDATA[<p>&#8220;I&#8217;m a (very minor) public figure myself, and if someone made a hyper-sexualized comic book about me without my permission, I&#8217;d be pretty upset. And I think I&#8217;d have grounds to be.&#8221;</p>
<p>And then you&#8217;d sic the lawyers on them? Because it seems to me that if there&#8217;s a line that&#8217;s been crossed here, that&#8217;s it.</p>
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		<title>By: Antinous / Moderator</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-705559</link>
		<dc:creator>Antinous / Moderator</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-705559</guid>
		<description>I&#039;m also not sure that her fourteen inch waist and DD breasts in the comic version qualify as normal proportions. Unless you live in the Peoples Republic of Barbie.</description>
		<content:encoded><![CDATA[<p>I&#8217;m also not sure that her fourteen inch waist and DD breasts in the comic version qualify as normal proportions. Unless you live in the Peoples Republic of Barbie.</p>
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		<title>By: Matt Sanderson</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-705562</link>
		<dc:creator>Matt Sanderson</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-705562</guid>
		<description>Just because you haven&#039;t heard of someone, it does not mean that they are not famous in some way. The world does not revolve around individuals. Ms. Munn is extremely popular in geek circles, particularly the gamer crowd. She hosts G4&#039;s popular Attack of the Show program, as I&#039;m sure others have pointed out by now.

That said, don&#039;t mistake my defense of her for my being a fan. I&#039;m not. She&#039;s basically famous for just being an attractive woman who does well in front of a camera. Nothing more. I haven&#039;t heard especially positive things about her from some who&#039;ve been around her, so... Yeah, not a fan.</description>
		<content:encoded><![CDATA[<p>Just because you haven&#8217;t heard of someone, it does not mean that they are not famous in some way. The world does not revolve around individuals. Ms. Munn is extremely popular in geek circles, particularly the gamer crowd. She hosts G4&#8242;s popular Attack of the Show program, as I&#8217;m sure others have pointed out by now.</p>
<p>That said, don&#8217;t mistake my defense of her for my being a fan. I&#8217;m not. She&#8217;s basically famous for just being an attractive woman who does well in front of a camera. Nothing more. I haven&#8217;t heard especially positive things about her from some who&#8217;ve been around her, so&#8230; Yeah, not a fan.</p>
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		<title>By: Davidget</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-705563</link>
		<dc:creator>Davidget</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-705563</guid>
		<description>I wish could draw well enough to make a parody of people arguing over whether gamma-irradiated cells exploding and unleashing the fury of &quot;The 50-Foot Womunn&quot; is a parody or not.

It would star Jesse Thorn and HeatherB in the most epic battle of my imagination.</description>
		<content:encoded><![CDATA[<p>I wish could draw well enough to make a parody of people arguing over whether gamma-irradiated cells exploding and unleashing the fury of &#8220;The 50-Foot Womunn&#8221; is a parody or not.</p>
<p>It would star Jesse Thorn and HeatherB in the most epic battle of my imagination.</p>
]]></content:encoded>
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		<title>By: robcat2075</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-705567</link>
		<dc:creator>robcat2075</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-705567</guid>
		<description>She has the right to control such an obvious exploitation of her name and image.

Parody?  The fact that she&#039;s so insignificant probably helps her case.</description>
		<content:encoded><![CDATA[<p>She has the right to control such an obvious exploitation of her name and image.</p>
<p>Parody?  The fact that she&#8217;s so insignificant probably helps her case.</p>
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		<title>By: Anonymous</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-705826</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-705826</guid>
		<description>This may help non-lawyers with the &quot;right of publicity&quot; issue: if I start producing a breakfast cereal, and I put a picture of Xeni on the box without her permission, there&#039;s no &quot;parody&quot; going on--I haven&#039;t constructed a critique or commentary about Xeni or anything associated with her.  I&#039;m just using her image to sell cereal.  It violates her right to control commercial use of her image--to decide what to endorse (if anything), and how much to charge for it, etc.</description>
		<content:encoded><![CDATA[<p>This may help non-lawyers with the &#8220;right of publicity&#8221; issue: if I start producing a breakfast cereal, and I put a picture of Xeni on the box without her permission, there&#8217;s no &#8220;parody&#8221; going on&#8211;I haven&#8217;t constructed a critique or commentary about Xeni or anything associated with her.  I&#8217;m just using her image to sell cereal.  It violates her right to control commercial use of her image&#8211;to decide what to endorse (if anything), and how much to charge for it, etc.</p>
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		<title>By: planettom</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-705573</link>
		<dc:creator>planettom</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-705573</guid>
		<description>She&#039;s famous enough to have made the cover of PLAYBOY without having to pose nude.   

I&#039;d have to side with Ms. Munn (or, reluctantly, her lawyers) here.  

&#039;If by parody you mean &quot;using her image in an attempt to make a profit without paying her for it&quot;, then yes!&#039;</description>
		<content:encoded><![CDATA[<p>She&#8217;s famous enough to have made the cover of PLAYBOY without having to pose nude.   </p>
<p>I&#8217;d have to side with Ms. Munn (or, reluctantly, her lawyers) here.  </p>
<p>&#8216;If by parody you mean &#8220;using her image in an attempt to make a profit without paying her for it&#8221;, then yes!&#8217;</p>
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		<title>By: Anonymous</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-728616</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-728616</guid>
		<description>Yeah, I&#039;d rather have the Kat Dennings comic..</description>
		<content:encoded><![CDATA[<p>Yeah, I&#8217;d rather have the Kat Dennings comic..</p>
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		<title>By: Anonymous</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-705576</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-705576</guid>
		<description>People, she has 100,000+ followers on Twitter. Just because she hasn&#039;t penetrated your tiny spheres of awareness does not mean she is not well known.  

http://twitter.com/oliviamunn

Isn&#039;t this a parody of her large breasts and willingness to objectify herself? </description>
		<content:encoded><![CDATA[<p>People, she has 100,000+ followers on Twitter. Just because she hasn&#8217;t penetrated your tiny spheres of awareness does not mean she is not well known.  </p>
<p><a href="http://twitter.com/oliviamunn" rel="nofollow">http://twitter.com/oliviamunn</a></p>
<p>Isn&#8217;t this a parody of her large breasts and willingness to objectify herself? </p>
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		<title>By: MikeyHammond</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-705585</link>
		<dc:creator>MikeyHammond</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-705585</guid>
		<description>Does anyone remember &quot;TheRock Obama&quot; on SNL?</description>
		<content:encoded><![CDATA[<p>Does anyone remember &#8220;TheRock Obama&#8221; on SNL?</p>
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		<title>By: voiceinthedistance</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-705587</link>
		<dc:creator>voiceinthedistance</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-705587</guid>
		<description>Can Nigel McNulty be a real person?  Are we sure that he isn&#039;t some sort of parody of a lawyer, and is indeed a publicist instead?</description>
		<content:encoded><![CDATA[<p>Can Nigel McNulty be a real person?  Are we sure that he isn&#8217;t some sort of parody of a lawyer, and is indeed a publicist instead?</p>
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		<title>By: Anonymous</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-706611</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-706611</guid>
		<description>OK. I notice a lot of people bashing Ms. Munn and the lawyers here. 

Let&#039;s say I make a comic book about William Shatner, or Jon Stewart, or Kari Byron from &quot;MythBusters.&quot; It basically stars them doing the stuff they do on TV. If I draw one up to show my buddies in high school, at work or hanging out around the house, no biggie. A CND would be an overreaction. Now lets asy I run it through a copier, make a bunch of copies, and start selling it for money, without permission and without sending it to the people whose names and images I am profiting from. Then, we have a problem. 

So here&#039;s the deal. To do something like this to profit off a person, you either need permission from the artist or a &quot;note.&quot; The publishers of this comic are in the business and aren&#039;t innocent to this. Whether you&#039;re Shatner or Byron or Stewart or Munn, semi famous, almost famous, or mega famous, your image is your property. Indeed, if your thing is being a host and model, as a model that is what your trade is, plain and simple, and someone riffing on it for profit is both taking cash from your image and potetially damaging it because a professionally released book might be seen as sanctioned by Munn and hence associated with her by fans as well as others in the industry. 

Let&#039;s say I came to your job and started snagging a piece of your pay check. You wouldn&#039;t like that either. Especially if I really hadn&#039;t done any work to take it, and was drafting off what you did, while you get less for it. Plus if I was potentially telling people stuff about you they might take as true and that you wouldn&#039;t want them too because you had worked hard to show you were someone else, i.e. you. That&#039;s the gist of it here. If they are sued they should lose badly, I hope they&#039;ll be smart enough to quietly let the comic go, they&#039;ve gotten their publicity, which I don&#039;t see as good publicity from a professional standpoint. </description>
		<content:encoded><![CDATA[<p>OK. I notice a lot of people bashing Ms. Munn and the lawyers here. </p>
<p>Let&#8217;s say I make a comic book about William Shatner, or Jon Stewart, or Kari Byron from &#8220;MythBusters.&#8221; It basically stars them doing the stuff they do on TV. If I draw one up to show my buddies in high school, at work or hanging out around the house, no biggie. A CND would be an overreaction. Now lets asy I run it through a copier, make a bunch of copies, and start selling it for money, without permission and without sending it to the people whose names and images I am profiting from. Then, we have a problem. </p>
<p>So here&#8217;s the deal. To do something like this to profit off a person, you either need permission from the artist or a &#8220;note.&#8221; The publishers of this comic are in the business and aren&#8217;t innocent to this. Whether you&#8217;re Shatner or Byron or Stewart or Munn, semi famous, almost famous, or mega famous, your image is your property. Indeed, if your thing is being a host and model, as a model that is what your trade is, plain and simple, and someone riffing on it for profit is both taking cash from your image and potetially damaging it because a professionally released book might be seen as sanctioned by Munn and hence associated with her by fans as well as others in the industry. </p>
<p>Let&#8217;s say I came to your job and started snagging a piece of your pay check. You wouldn&#8217;t like that either. Especially if I really hadn&#8217;t done any work to take it, and was drafting off what you did, while you get less for it. Plus if I was potentially telling people stuff about you they might take as true and that you wouldn&#8217;t want them too because you had worked hard to show you were someone else, i.e. you. That&#8217;s the gist of it here. If they are sued they should lose badly, I hope they&#8217;ll be smart enough to quietly let the comic go, they&#8217;ve gotten their publicity, which I don&#8217;t see as good publicity from a professional standpoint. </p>
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		<title>By: Lobster</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-705590</link>
		<dc:creator>Lobster</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-705590</guid>
		<description>If they&#039;re calling it &quot;parody,&quot; then aren&#039;t they admitting it&#039;s protected?</description>
		<content:encoded><![CDATA[<p>If they&#8217;re calling it &#8220;parody,&#8221; then aren&#8217;t they admitting it&#8217;s protected?</p>
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		<title>By: Mark Frauenfelder</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-705592</link>
		<dc:creator>Mark Frauenfelder</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-705592</guid>
		<description>Jesse, you know I would pay real folding money to read a comic book starring you as a hyper-sexualized character.</description>
		<content:encoded><![CDATA[<p>Jesse, you know I would pay real folding money to read a comic book starring you as a hyper-sexualized character.</p>
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		<title>By: Anonymous</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-705593</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-705593</guid>
		<description>Umm...just to bring this up but considering someone Rule 34&#039;d Obama and Hillary in the same manga....yea...Sure, it was made in Japan, but even so it&#039;s far worse than this and no one really complained about it.  To me this kind of stuff reminds me of all those people that try to force DMCA takedowns because it goes against their image, like with what happened with Demi Moore before.  Just because you don&#039;t like it doesn&#039;t make it illegal is what I guess I&#039;m getting at, and while California&#039;s laws may make it illegal doesn&#039;t make it illegal in every state.</description>
		<content:encoded><![CDATA[<p>Umm&#8230;just to bring this up but considering someone Rule 34&#8242;d Obama and Hillary in the same manga&#8230;.yea&#8230;Sure, it was made in Japan, but even so it&#8217;s far worse than this and no one really complained about it.  To me this kind of stuff reminds me of all those people that try to force DMCA takedowns because it goes against their image, like with what happened with Demi Moore before.  Just because you don&#8217;t like it doesn&#8217;t make it illegal is what I guess I&#8217;m getting at, and while California&#8217;s laws may make it illegal doesn&#8217;t make it illegal in every state.</p>
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		<title>By: PeaceLove</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-705594</link>
		<dc:creator>PeaceLove</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-705594</guid>
		<description>I&#039;ve watched Attack of the Show occasionally and found Ms. Munn a pleasant enough cohost. I&#039;m sure Ms. Munn is familiar with BoingBoing. Has anyone tried to contact her directly to see if she had any involvement with the legal brouhaha that was launched in her name?

She definitely has a nerdcore audience and I have to hope she would be flattered and amused by a parody comic. If she actually initiated the takedown her geekboy fandom might feel somewhat less warmly towards her in the future. She might be perceived as greedily protecting her image at the cost of her true fans (and who but a true fan would make a comic book about her?).

On the other hand, how do we distinguish parody from a straight out comedy adventure? I always though the old Star Trek comics looked like parody but they were licensed and approved. If the comic just uses Ms. Munn as the central heroic character in an amusing story, is it parody or fan fiction? Is fan fiction protected as commercial speech?

Any intellectual property lawyers want to weigh in on this?</description>
		<content:encoded><![CDATA[<p>I&#8217;ve watched Attack of the Show occasionally and found Ms. Munn a pleasant enough cohost. I&#8217;m sure Ms. Munn is familiar with BoingBoing. Has anyone tried to contact her directly to see if she had any involvement with the legal brouhaha that was launched in her name?</p>
<p>She definitely has a nerdcore audience and I have to hope she would be flattered and amused by a parody comic. If she actually initiated the takedown her geekboy fandom might feel somewhat less warmly towards her in the future. She might be perceived as greedily protecting her image at the cost of her true fans (and who but a true fan would make a comic book about her?).</p>
<p>On the other hand, how do we distinguish parody from a straight out comedy adventure? I always though the old Star Trek comics looked like parody but they were licensed and approved. If the comic just uses Ms. Munn as the central heroic character in an amusing story, is it parody or fan fiction? Is fan fiction protected as commercial speech?</p>
<p>Any intellectual property lawyers want to weigh in on this?</p>
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		<title>By: orwellian</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-706619</link>
		<dc:creator>orwellian</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-706619</guid>
		<description>That made me lol. I&#039;m picturing Sanitation Engineer Barbie, DMV Bureaucrat Barbie, pink tanks and Plastic Surgeon Ken.</description>
		<content:encoded><![CDATA[<p>That made me lol. I&#8217;m picturing Sanitation Engineer Barbie, DMV Bureaucrat Barbie, pink tanks and Plastic Surgeon Ken.</p>
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		<title>By: Jesse Thorn</title>
		<link>http://boingboing.net/2010/02/04/law-firm-demands-pub.html#comment-705852</link>
		<dc:creator>Jesse Thorn</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-705852</guid>
		<description>Just so you know, Mark, I&#039;m working on that comic book starring a hyper-sexualized me, and I&#039;ll be releasing it in a special edition of one... all you have to do is come and get it, big guy ;).</description>
		<content:encoded><![CDATA[<p>Just so you know, Mark, I&#8217;m working on that comic book starring a hyper-sexualized me, and I&#8217;ll be releasing it in a special edition of one&#8230; all you have to do is come and get it, big guy ;).</p>
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