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Scott Francis Baker

October 27th, 2004

Women are like Voltron, the more you hook up, the better it gets. @ 01:33 pm

So according to BoingBoing.net (required daily reading) one of the Suicide Girls has listed in her bio that some of her favorite video games are Zelda and Metroid. No big deal right? I myself happen to like Zelda and Metroid also.

Apparently that's NOT ok with Nintendo as she got a cease and desist letter from Nintendo saying that it's not ok for her use those trademarked names in her bio. I'm not a lawyer, but it certainly sounds like they don't want her to use those names because Suicide Girls is a (sorta) porn site. Never mind the fact that she should be able to mention or write about (especially in a favorable light) anything she wants regardless of her artistic or exhibitionistic tastes.

Nintendo is trying to say that it's ok to use those names, and it's ok to do reviews of those games, and it's even ok to post screen shots of those games as long as it's *NOT* on a porno site. Whether Suicide Girls is even a porn site, or is just art is a whole different conversation in itself! This is crazy.

Imagine the repercussions this would have were it held up? How many places could be sued just for MENTIONING a product. My own site would be highly vulnerable as I mention several products on there. I can't believe Nintendo would have the balls to go after someone like this. It seems like a blatant case of free speech to me. Any judge that had to preside over this should just laugh it out of court!

Here's hoping they don't find my little site.
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Date:October 27th, 2004 01:56 pm (UTC)
"Fair use" protects people from brainless lawsuits under such limitations as whether or not the use of copyrighted material is newsworthy (as I imagine would be the case in this situation). I would assume the letter is little more than a scare tactic by Nintendo's lawyers.
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Date:October 27th, 2004 02:07 pm (UTC)
It's not even one of the girls, it's some random member of the site!

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Date:October 27th, 2004 02:48 pm (UTC)
Oh wow I didn't catch that. That's even CRAZIER!

Scott Francis Baker