PGHIMC - Pittsburgh Independent Media Center

Wal-Mart Threatens CMU Student over Parody Website using DMCA
by Daniel Papasian Monday, Apr. 25, 2005 at 10:49 AM
info@walmart-foundation.org (email address validated)

Lawyers representing Wal-Mart Stores Inc. have used a cease and desist order to force a website ran by a Carnegie Mellon University student offline. The website, created by junior Political Science major Daniel Papasian, parodied The Wal-Mart Foundation, a subsidiary of Wal-Mart that promotes community development.

The website was a project was for a class called "Parasitic Media," an offering in the College of Fine Arts that encourages students to participate in political criticism through the tactical use of satire in the mainstream media. Other projects created in the class include mcactive.com, a parody of McDonald's Go Active campaign, and 700-club.org, which announces the online sale of indulgences for Catholics.

"The site was a form of 'identity correction,' in which I used a parody to highlight real problems with companies like Wal-Mart. My site was designed to get people thinking about the consequences of importing goods from countries with poor labor laws, the environmental effects of big-box stores, and whether Wal-Mart is as benign as some would like us to believe," Papasian said. "The site was designed to look like a page belonging to the real Foundation, but I can't imagine anyone who read the site didn't realize it was a parody."

The cease and desist alleged copyright infringement, claiming that Papasian's usage of graphics found on the real Wal-Mart Foundation website were in violation of the Digital Millennium Copyright Act. Papasian, however, believes the content of his site is protected as "fair use." He said Wal-Mart's motives for serving the order are far more sinister. "They're trying to shut me down by going after me for copyright infringement, but I have a hard time believing that's what they care about. They didn't even bother to contact me to ask that anything be removed from my site. They're not worried because my page has a similar layout or design. They're worried because my ideas are a threat to them. They're threatened by my belief that big corporations like Wal-Mart have too much influence on the world. Multinational corporations have won immense powers over governments with recent international trade agreements, so it's no surprise they're going to start going after people directly."

Papasian is not discouraged by the cease and desist, however. He plans on documenting his experience and making it available on his site, www.walmart-foundation.org.

"I don't want to get sued," said Papasian. "But I won't be silenced."

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