Comments: "OutFoxed" and Fair-Use Strategy

"Let's pause for a moment to let this sink in." I just had a Holy Moment.

Posted by bw at July 12, 2004 07:57 AM

I'm not involved in this battle, so I really have no idea. However, it seems to me that the NY Times Magazine article and Washington Post articles were a shot across the bow of Fox. The PR campaing was not about daring Fox to launch a lawsuit, but emphasizing to Fox that it would cost much in publicity to fight this film. "By suing us, you'll only make us stronger." I think that the producer and lawyers involved would really prefer not to have to fight a lawsuit (which they might lose).

Posted by Ernest Miller at July 12, 2004 09:39 AM

It's more than that. Look at Lessig's post, where he talks about

"... we need clear precedents that establish that critics have the freedom to criticize without having to hire a lawyer first ..."

That goes beyond publicity. Maybe to the realm of "Toss us into the briar patch, please, please, be crazy like you were with Al Franken, give me a slam-dunk case that'll be historic."

Of course, it could all be sophisticated posturing.

Posted by Seth Finkelstein at July 12, 2004 10:03 AM