Lamebook is a blog that parodies Facebook. The site posts funny pictures, typos and interesting statuses. Users submit all the material posted. Last names and pictures are blurred to preserve the identity of those being shamed. Content can also be removed upon request. Lamebook is a great procrastination site and really has no other value than wasting time; nonetheless I believe that the creators should be allowed to continue their site. Lamebook is currently in a legal battle with Facebook over first amendment rights.
Facebook is very protective of their identity. In March 2010, Facebook sent a cease and desist letter to Lamebook. Cease and desist letters are commonly sent by Facebook to sites that use the “book” suffix or “face” prefix. Facebook claimed that Lamebook was violating copyright and demanded the site be shut down. The cease and desist letter combated Lamebook’s claim of parody because they do not provide actual commentary.
On November 4th 2010, in an unusual move, Lamebook decided to take action and sued Facebook before they could get a chance. In a statement on lamebook.com the creators believe that Facebook likes to pick on the “little guy” and Lamebook is here to stand up for little guys everywhere! (I mean I’m paraphrasing a little but this is the gist I got). Lamebook has turned to their readers to help fight the “multi-billion dollar behemoth” Facebook. Readers have the opportunity donate to the “legal fund” to support the ongoing lawsuit. (http://www.lamebook.com/donate)
An email response from Facebook said “We’re disappointed that after months of working with Lamebook they have turned to litigation. We believe their website is an improper attempt to trade off of Facebook’s popularity and fame and we will continue to protect our brand and trademark.” Lamebook believes Facebook just doesn’t have a sense of humor.
Fair use clearly covers criticism but the deciding factoring in this case is going to be whether the courts believe that Lamebook is parody. This case is still in litigation and I suspect we won't hear an outcome any time soon.
Personally, I believe Lamebook has a right to continue using content from Facebook. Although I may be partial to Lamebook, the blog really does not take any money away from Facebook, in fact it actually encourages users to find content by browsing Facebook.
Here's the article's I used to help me write this article:
http://www.bloomberg.com/news/2010-11-09/facebook-sues-lamebook-parody-site-for-alleged-u-s-trademark-infringement.html
http://www.avclub.com/austin/articles/lamebook-sues-facebook-explains-why,47290/ (An onion article because of course they understand parody)
Personally, I believe Lamebook has a right to continue using content from Facebook. Although I may be partial to Lamebook, the blog really does not take any money away from Facebook, in fact it actually encourages users to find content by browsing Facebook.
Here's the article's I used to help me write this article:
http://www.bloomberg.com/news/2010-11-09/facebook-sues-lamebook-parody-site-for-alleged-u-s-trademark-infringement.html
http://www.avclub.com/austin/articles/lamebook-sues-facebook-explains-why,47290/ (An onion article because of course they understand parody)
OK, I just wasted about 20 minutes checking out Lamebook. It's an interesting case to see if the Fair Use category of parody applies in this case. I think it does but I guess the courts will decide that. Good post with solid research and graphics.
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