A Prairie Home Prosecution

By Justin Gardner | Related entries in Blogging, Dumb Things Said By Smart People

I like Garrison Keillor….when he’s not being a litigious whiner.

From the blog being sued, mnspeak:

I have no doubt about where I stand legally. Parody typically falls under Fair Use (or sometimes, the First Amendment), and this is clearly an instance of parody. There are a series of factors involved in the definition of parody, including this: it is probably parody unless a “reasonable person” could mistake the new work [the t-shirt] as the work of the copyright owner [Prairie Home Companion]. To claim copyright infringement would involve arguing (as the cease and desist letter below implies) that some lost soul could find their way to MNspeak.com, click through to the t-shirt, and ignore the message in bold that clearly says “WARNING: This shirt is not associated in any way with Prairie Home Companion, Garrison Keillor, MPR, The Fitzgerald, or, well, anything — it is PARODY.”

In other words, Garrison Keillor would have to prove in court that Minnesotans are stupid.

Agreed. This is just dumb.


This entry was posted on Thursday, September 15th, 2005 and is filed under Blogging, Dumb Things Said By Smart People. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

9 Responses to “A Prairie Home Prosecution”

  1. Justin Gardner Says:

    And furthermore…this is really, REALLY dumb.

    I thought it should be said again.

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