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."

add your comments

shady
by addvi Monday, Apr. 25, 2005 at 8:41 PM

Papasian is just using the lawsuit as an activist front. he probably anticipated that Wal-Mart would come after him, and the real reason that Wal-Mart is going after him probably has less to do with his lefty opinion and everything to do with protecting intellectual property. If Papasien had also registered walmart--foundation.org and put on it overwheliming praise of WM's work, they would have sought to shut that down too.

add your comments

so...
by not a lawyer Tuesday, Apr. 26, 2005 at 9:10 AM

if you changed the revolving banner at the bottom of the page, would they lay off? because, after reading the cease and desist, it seems like that's their huge beef.

and, from reading the article, this website was part of a university class project, not the act of an "activist" with a "lefty" agenda - this is about image, not intellectual property.

add your comments

Government Circular
by SLP Wednesday, Apr. 27, 2005 at 1:15 PM

Here is the government circular on what is and is not considered to be able to be copyrighted... perhaps it will be helpful. Good luck in your quest!

http://www.copyright.gov/circs/circ1.html#wwp

SLP

add your comments

Parasitic Media is dead
by so bored Wednesday, Apr. 27, 2005 at 3:30 PM

Who did this help? Papasian is yet another Anarchist-for-universal-healthcare who is all image and no change. Parasitic media is about individuals who want to feel more radical than everyone else, not about making a difference. Ooh, look at the hardline anarchist taking on a big corporation. I bet this gets you all the girls, Dan. That is why you did it, no?

add your comments