What is Digg?237 Comments
- meandnips, on 01/15/2008, -5/+195Utterly ludicrous. Ford should be worried about selling their cars, not pissing off people who like their Ford vehicles enough to put them on a calendar.
- jaymzdean, on 01/15/2008, -3/+91Given that Ford avoided bankruptcy in 2006 only by receiving Federal assistance, I think the American people own that company now. ***** Ford.
- arbiterofcool, on 01/15/2008, -4/+80Why oh why... Do I aways misspell words in the title?! :P
- shaka776, on 01/15/2008, -1/+67Some people would rather be ninjas and distribute Honda pics.
- dvsbastard, on 01/15/2008, -0/+56Yarrrrr... she be puttin' down 350BHP at the rear wheels me hearties....
- whatthefu, on 01/15/2008, -4/+54No, YOU'RE a pirates.
- AlienMushroom, on 02/21/2008, -3/+50buying a ford is an attempt to infringe their trademark. Best advice - stay away from any ford.
- iceman0113, on 01/15/2008, -2/+44FTA: "So even though Ford has a lineup of enthusiasts who want to show off their Ford cars, the company is bent on alienating them. 'Them' being some of the most loyal owners and future buyers that they have."
Well, Ford just screwed themselves out of free advertisement. - zspeed78, on 01/15/2008, -3/+43Forget if its a bad decission or whatever on Fords part.. is it even LEGAL? You buy a Ford and you cant take and sell pictures of it? What if I make a modification to my ford, making it no longer a stock ford.. lets say, I change the tires.. well, its not a stock ford I bought from them anymore.
Ford is just retarded. - ryan83189, on 01/15/2008, -2/+41I propose drm on all CAMERAS as well. When will you people stop stealing? Any light that reflects of of a product is the property of the copyright holder. This younger generation has no respect for these completely reasonable requests, and for that they must pay dearly.
- shaka776, on 01/15/2008, -6/+39Where do pirates drink?
BARRRRRS
What's a pirate's favorite cereal?
Lucky CHARRRRRMS
What kind of vehicle do pirates travel around in?
Ships. ( I just know you weren't thinking cars, right? I mean that's silly, why would a pirate drive a car?) - Memnochxx, on 01/15/2008, -5/+34Learn to comment.
- grey580, on 01/15/2008, -31/+59Best comment ever.
Anyone who owns a Ford deserves what they get. - MasterInsan0, on 01/15/2008, -1/+29That's probably why they're doing this: in a vague hope that the people involved will continue to print the calendar (albeit not through Cafepress) and Ford will get to sue them, marking the first source of income for their company in like 7 years.
- TremorX, on 01/15/2008, -3/+28Unfortunately, members of BMC were unable to sell their vehicles, as this ruling also means they could not provide images or use the words Ford or Mustang in the advertisements on eBay and Autotrader. In fact, Ford is now currently exploring a possible lawsuit against anyone driving a Ford vehicle in public.
- exscind, on 01/15/2008, -1/+21Right now, VERY worried.
- 0ceanic, on 01/15/2008, -9/+29if they own the right to any picture of a ford. I think having to place that copyright logo on any picture of a ford. so it feasible someone could produce absolutely distasteful pictures with ford cars in them, and it would be fords property, their corporation would own smut. that would be great for their PR.
- noahhoward, on 01/15/2008, -4/+23Ford does not own the copyright on photos they didn't take.
- halligan00, on 01/15/2008, -1/+19Torpedos, at the time of the original paraphrased quote, were what we'd consider naval mines. They were spoken by Admiral Farragut at the battle of Mobile Bay, during the American Civil War, as he exhorted his fleet to sail into the bay, which was heavily mined by the Confederates.
- bcarl314, on 01/15/2008, -4/+22Hmm, so next time a "traffic cam" takes a pic of me racing through a red light, I'll just file a lawsuit against the city on behalf of Ford. Wouldn't want their IP rights violated by the government ya know ;)
- MasterInsan0, on 01/15/2008, -0/+17Nah, not as long as they say Ford®. I really enjoy my Ford® Mustang®.
- satman33, on 01/15/2008, -5/+20FORD
Fix or repair daily
THUNDERBIRD: This Hoopty Usually Needs Daily Engine Repair But It Rolls Downhill (Sent in by Roger_Markowitz)
MUSTANG - Motor Usually Starts Then Almost Never Goes
Found on repairman's doorstep
Found on rack daily
Ford Owners Recommend Dodge
Full Of Rust Deposits
Faithful, Obedient, Reliable, Dependable
F**KING OLD RETARDED DRIVER
Ford Focus....Ford F**ck Us
F**ker Only Rolls Downhill
Fancy Oil Recycling Device
Found On Rubbish Dump
F***ed Over Road Disaster!
F***ing Oakey's Really Dig'em
F**king Old Retarded Dudes
Frequent Overhaul, Rapid Depreciation (Sent in by a visitor)
F***ing Old Rebuilt Dodge (Sent in by a visitor)
Found On Rubbish Dump (Sent in by a visitor)
For Old Retired Drunks (Sent in by a visitor)
Here's a good one: FORD backwards --> Driver Returns On Foot
Here's another good one: FORD backwards --> Driver Relies On Family
Firestone Overstates Reliability Data
First On Recall Day
Fast On Race Day
For Off Road Driving
Fireball On Rear Damage (Sent in by a visitor)
First On Race Day (Sent in by a visitor)
First On Rust and Deterioration
Fix Or Repair Daily
Found On Road, Dead
Frequently Overhauled, Rarely Driven (Sent in by a visitor)
Fault Of R&D
MUSTANG - Mostly Unwanted Scrap Tin And Needless Garbage
F***ed On Raw Deal
Fast Only Rolling Downhill
Most tasteless one on the page: Found O.J. and Ron`s DNA
Flip Over, Read Directions
Fork Over Remaining Dough
F**king Owners Really Dumb
F***ed On Race Day
(F)illped (O)ver (R)esevation (D)ecoration
(F)**ked (O)ver (R)ebuilt (D)iahatsu
For Old Retired Dutchmen
Found On Road Draggin
Frickin Old Ragged Dumpster
Fu**ed Over Rebuilt Dodge
First On Repair Day
FORD Owners Really Dumb
From Our Reject Department - DecoyQ, on 01/15/2008, -0/+15WTF? Pirate ships don't have torpedoes... canons man.... canons!
- Typhoon2009, on 01/15/2008, -1/+15Yarr matey, black Bavarian, 500HP, she be moving o'er 155 knots! Damn the torpedoes, full speed ahead... yargh.
- RepublicansSuck, on 01/15/2008, -6/+19Next they'll be suing people for saying "Ford", WHOOPS...
- Leopards, on 01/15/2008, -2/+14Simple solution! Pull every picture of a Ford vehicle! Then let them pay to have any Ford picture put before the public! With the attention span of the American Public, they will be forgotten in a month or so!! Only place you will see Ford are in Paid advertisements!
- centran, on 01/15/2008, -1/+12I like their new banner on the forums.
http://www.troststudios.com/data//516/censored_1.p ... - Absinthminded64, on 01/15/2008, -1/+12If it's the word pirates I thought it was intentional and cool.
- masterm1nd, on 01/15/2008, -0/+11Because for some reason it helps it get to the frontpage?
- RunnyBabbit, on 01/15/2008, -0/+11"No! I must sell calenders" he shouted
The Ford said "No, John. You are the pirates"
And then John was sued for copyright infringement. - Igno, on 01/15/2008, -0/+11The More You Know
- netdroid9, on 01/15/2008, -1/+11You are a pirates if you distribute pics of your car? Sounds grammatically perfectly to me.
- inactive, on 01/15/2008, -4/+13My local tv news traffic reporter is about to get sued big time.
- cbdgr, on 01/15/2008, -1/+10when i get a photo enforced ticket im gonna say the photo was trademarked and the ticket is invalid.
- Innova69, on 01/15/2008, -1/+10This sounds like Ford has is hiring ex-RIAA lawyers. Have a hacked law degree? Ford must be hiring.
- s1mph0ny, on 01/15/2008, -1/+9Uh, no. When Ford makes a claim that you are infringing their copyright, they have to take you to court; you don't have to do anything if they don't.
There isn't any disclaimer at the Ford Dealer that says "even if you buy this vehicle, we still own all pictures taken of it." Even if there was, Ford would still lose in court. The actions taken by Ford are idiotic, if any of the alleged actions are true. - unknownsoldierX, on 01/15/2008, -6/+14I don't think it's possible to create a :"tasteful" picture with a Ford in it.
- gtluke, on 01/15/2008, -2/+10best selling brand in europe
3rd best in america, was 2nd until toyota displaced them this month.
so yes, people still buy them. - kertong, on 01/15/2008, -0/+8Everybody knows that pirates is a perfectly cromulent word.
- Chaulis, on 01/15/2008, -1/+8It's First On Recycle Day, this is a ford bashing thread, Figure On Relentless Douce's to ***** it all up.
- alphaterminus, on 01/15/2008, -1/+8And I've never been to Boston in the fall!
- Rikkochet, on 01/15/2008, -0/+7Sounds like the new RIAA business model. Hey, if it's the biggest source of revenue, might as well!
- SheraD3, on 01/15/2008, -6/+12I guess if ford wants to copyright their products then thats up to them. But I personally think that allowing something like a calendar with Photos of their cars would only do good for them because its only more advertising.
- locojones, on 01/15/2008, -0/+6Ford doesn't have a legal leg to stand on. They're simply relying on bullying people they know can't defend a lawsuit by sending them a cease and desist letter.
I'm sure Ford would like you to believe that you can't publish a picture of their vehicles without their permission in exactly the same way that the RIAA would like you to believe you can't make copies of your own music. However, their interpretation of the law doesn't square with the reality of the fair use defense. Moreover, Ford is in an even less tenable position because it is relying on trade dress protection under the Lanham Act, which protects the use "in commerce any word, term, name symbol, or device, or any combination thereof… which (A) is likely to cause confusion." Ford's argument here is that the combonation of it's logo and the car design constitutes a trade dress and that an entire calendar of Mustangs would confuse the average consumer into believing the calendar was sponsored by Ford.
However, the Supreme Court has laid out a very clear line of precedent for trade dress protection. Specifically, the Lanham Act provides that there can be no such protection of any items that are "functional." The Court defined this term in Traffix Devices v Marketing Displays, 121 S.Ct 1255 (2001) as follows: a "feature is functional when it is essential to the use or purpose of the device or when it affects the cost or quality of the device."
Under this reasoning, the design of the car itself is most likely functional. The curves are designed to reduce wind resistance, to dissipate energy in the event of an accident, to provide stability and strength during movement, etc. And clearly, the iconic Mustang styling affects the quality of the car, and many of its exterior designs probably have some cost consideration as well.
That leave the logo appended to the vehicle. As in copyright law, there is a fair use defense for trademarks as well. That analysis is more complicated, but certainly available. And since the Ford trademark isn't being appended to the calendar as a good or service in the marketplace, but is rather appended to the cars appearing in the calendar, it's clear that the auto club isn't misappropriating the trademark to sell the calendar itself.
Sadly, the laws surrounding IP which were originally intended to foster creativity have only served , once again, to stifle it. Shame on Ford. - ZenMojo, on 01/15/2008, -2/+8Where's Calvin when you need him?
- aukxsona, on 01/15/2008, -1/+7Nods. Will never buy another make model or whatever of ford again. Damn sad too since I love mustangs. I will just have to make my own car soon I guess.
- PopcornDave, on 01/15/2008, -1/+7That's because Ford built it and nobody can publish pictures of it.
- kertong, on 01/15/2008, -0/+6I think you meant kawasaki?
- ryan83189, on 01/15/2008, -1/+7yep, sounds like your car will pass everything on the road but a gas station.
- Chompy, on 01/15/2008, -1/+7Ford should settle down and just be happy that anyone would still buy their horrible products.
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