Free Speech? Not on the Gubernator's watch
From EFF's Wendy Seltzer's Blog. It's quite the interesting twist on the attempt to rewrite public figure publicity law analysis.
Counsel to Arnold Schwarzenegger sent a cease-and-desist letter threatening a lawsuit against the makers of a Schwarzenegger bobblehead doll. Seemingly oblivious to the fact that the Governor of California is a political public figure, the lawyers demand millions of dollars in compensatory and punitive damages for the "egregious and malicious" "use of Mr. Schwarzenegger's publicity rights."
Best of all, though is the letter's conclusion:
This is a confidential legal notice and may not be published, in whole or in part. Any republishing or dissemination of same, including but not limited to the posting of the contents hereof on the Internet, shall constitute copyright infringement and will subject the re-publisher(s) to civil liability for such actions.You say infringement, I say fair use. Sorry, but I'm not chilled.
Thanks Jim! [Wendy: The Blog]