joegratz.net

I’m all for fair use and parody exceptions to copyright protection. I’m in favor of a broad parody exception and a narrow derivative right.

But I think, in this case, the parody defense has been stretched too far.

Michael Robertson, who has a history of upsetting IP owners, has usually kept his stunts at least arguably legal. I think MyMP3.com was a fair use; the courts didn’t. I think “Lindows” isn’t a trademark infringement on “Windows”; the court didn’t either, and Microsoft recently paid him $20 million for the trademark. I thought Robertson’s scheme to make money on the settlement between Microsoft and the State of California was brilliant but dodgy, and the court agreed, disallowing claims he submitted.

To promote the Linspire operating system — a consumer distribution of Linux formerly known as Lindows — Robertson’s company has created this music video. The soundtrack is a version of The Doors’ “Light My Fire” with the lyrics changed (”Come on, baby, Run Linspire”). The backing track is a nearly note-for-note reproduction of the Doors’. The website reproduces both the parody lyrics and the original lyrics.

Reproducing the original lyrics is the easy one; that’s a plain old copyright infringement. They reproduced the whole thing without permission, for profit, without making any commentary on or criticism of the work itself.

How about the song? I just don’t see the parodic element. Sure, it’s a funny song, but is it a parody of “Light My Fire”? What’s it saying about the song? I can’t come up with anything. If this is a parody, so is every other commercial butchery of a popular song — say, the Coca-Cola version of “Baby Love” or the Devo remake “Swiff It”. Those obviously shouldn’t be privileged uses, and neither should this.