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Author Topic: Something Awful Vs. Jones Soda  (Read 1438 times)
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Eel Snave
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« on: October 18, 2008, 03:12:41 PM »

Okay, so Something Awful had a Photoshop Phriday about Jones Soda.  The feature wasn't very funny in and of itself, but Jones Soda took offense to the whole endeavor, and sent them a legal threat.  They responded, as they usually do, with a letter from their "attorney" Leonard J. Crabs which was good enough.  The best thing is that they included a copy of Leonard's "commercial," seen on this page:

http://www.somethingawful.com/d/legal-threats/jones-soda-lawsuit.php?page=3

I can't stop giggling.  I can imagine the law team still trying to decipher it.
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Rowdy
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« Reply #1 on: October 19, 2008, 02:35:34 AM »

Except that lots of the images in the 'Jones Soda Massacre' actually are, like the cease and desist letter says, repulsive.  If I owned a company that made a living by portraying itself as a happy, friendly family brand and someone used my labels and my trademarked products and then attached them to things like 'used tampon', 'piss christ' and other charming phrases and pictures, I'd be a little choked too.  It's not like Jones did something to draw the ire of the internet crowd, this is akin to random vandalism or a crowd of punks destroying a storefront in an attempt to be funny.

I'm not normally a fan of companies throwing around the 'sue' option when it's not warranted.  This is, and if SA thinks laughing in their face is the correct response to a perfectly reasonable request, then I hope they get sued. 

Humor is subjective, but there's a portion of internet culture that gives the rest of us a bad name.
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Larraque
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« Reply #2 on: October 19, 2008, 03:04:32 AM »

I'm gonna start GamingTrend Vs. Linking to the third page of articles  nod

Random vandalism? Destroying a storefront? They posted photoshopped pictures, some of which (the ship in a bottle, for example) are actually quite funny. (Some were borderline disgusting, such as afterbirth, which is still funny to me, but hey, for every hit there is in comedy there's bound to be a few missed attempts.)  I think the adage - no publicity is bad publicity - is the way to look at this. None of those pictures make me think of Jones Soda in a negative light. It'd be like doing a photoshop of 'design your own coke can'.

Hell, embracing it as 'funny' in my opinion HELPS the brand. If Jones Soda had an internet newsletter (I'm not sure they do - it'd be a pretty boring newsletter) I could see referring to that article as being worthwhile.

On the other hand, random legal threats DO hurt Jones Soda. Because honestly, there's nothing the internet community hates more than random acts of suing people - as in the case of Metallica vs. Napster. (Wherein Metallica had a reasonable complaint, but there are still people who immediately think of that incident the moment Metallica's name comes up, and hates everything they do as a result.)
« Last Edit: October 19, 2008, 03:16:29 AM by DragonFyre » Logged
VynlSol
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« Reply #3 on: October 19, 2008, 04:52:20 PM »

Quote from: DragonFyre on October 19, 2008, 03:04:32 AM

Random vandalism? Destroying a storefront?

That's what it was. It was random, because as far as anyone can tell Jones Soda wasn't poking and prodding at SA previous to this. It was vandalism because SA took the message and branding that Jones Soda was trying to put out to the public (their storefront so to speak) and fucking defaced it smile

Quote from: DragonFyre
...afterbirth...funny to me...

To each his own.

Quote from: DragonFyre
None of those pictures make me think of Jones Soda in a negative light.

That's cool. Not everyone thinks the same though.

Quote from: DragonFyre
It'd be like doing a photoshop of 'design your own coke can'.

It would be if Jones Soda had sponsored it and was able to control whether imagery that depicted scenes not suited to polite society were made available in a venue (the internet) that was accessible to millions of random people, and once placed there would be there forever.

That wasn't the case though.

Quote from: DragonFyre
Hell, embracing it as 'funny' in my opinion HELPS the brand.

There are obviously many ways Jones Soda could have handled this situation. They chose to lawyer up. I'm betting their reasoning goes beyond, "OMG that shit is gross, sue them!" and also includes stuff like brand control and copyright maintenance, precedence and other law-type-things.

Quote from: DragonFyre
If Jones Soda had an internet newsletter (I'm not sure they do - it'd be a pretty boring newsletter)

Why would you thnk it'd be boring? Because they don't want people to associate Andres Serrano's claim to fame with their beverage?

Quote from: DragonFyre
On the other hand, random legal threats DO hurt Jones Soda.

How is Jones Soda's action in this regard random? They didn't just pull this out of their ass, ya know.

I don't have a problem with what SA did originally...parody rocks so hard. But their response to Jones Soda's legal threats makes SA look stupid. They crossed that shadowy line between cocky-but-cool-rebel to dumbfuck.
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TiLT
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« Reply #4 on: October 19, 2008, 06:17:33 PM »

They don't have to be cocky but cool rebels. Jones Soda was stupid to threaten with a lawsuit over an obvious parody anyway.
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VynlSol
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« Reply #5 on: October 19, 2008, 07:21:16 PM »

Quote from: TiLT on October 19, 2008, 06:17:33 PM

Jones Soda was stupid to threaten with a lawsuit over an obvious parody anyway.

I'm sorry, but...

no.

 
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cheeba
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« Reply #6 on: October 19, 2008, 09:16:44 PM »

Quote from: VynlSol on October 19, 2008, 07:21:16 PM

Quote from: TiLT on October 19, 2008, 06:17:33 PM

Jones Soda was stupid to threaten with a lawsuit over an obvious parody anyway.

I'm sorry, but...

no.
Got any reasoning there?

I agree with TiLT here. There is no good outcome for Jones Soda (which is good stuff, btw) here. To do nothing would have had no negative impact on their brand. To go the legal route does nothing but bring them bad publicity.

Not to mention attempting to silence an obvious parody is a totally douchey thing to do.
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VynlSol
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« Reply #7 on: October 19, 2008, 09:58:51 PM »

Quote from: cheeba on October 19, 2008, 09:16:44 PM

Got any reasoning there?

I never heard of Jones Soda until after they threatened SA with their legal shit.

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Eel Snave
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« Reply #8 on: October 19, 2008, 10:15:09 PM »

Well, the question isn't whether or not Jones Soda is in the right or wrong here.  The question is that the video is freaking awesome.
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CeeKay
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« Reply #9 on: October 19, 2008, 10:20:41 PM »

Quote from: Eel Snave on October 19, 2008, 10:15:09 PM

The question is that the video is freaking awesome.

I'm still tyring to figure out the awesomeness, unless you mean awesomely nonsensical, then I can see that.
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jersoc
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« Reply #10 on: October 19, 2008, 10:41:00 PM »

Quote from: VynlSol on October 19, 2008, 07:21:16 PM

Quote from: TiLT on October 19, 2008, 06:17:33 PM

Jones Soda was stupid to threaten with a lawsuit over an obvious parody anyway.

I'm sorry, but...

no.

 

how's life with no humor? this is like a cat lover getting pissed of lolcats, utterly ridiculous.
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Exodor
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« Reply #11 on: October 19, 2008, 11:11:12 PM »

Quote from: Rowdy on October 19, 2008, 02:35:34 AM

I'm not normally a fan of companies throwing around the 'sue' option when it's not warranted.  This is, and if SA thinks laughing in their face is the correct response to a perfectly reasonable request, then I hope they get sued. 

SA has been threatened by lawyers about 5000000 times at this point.  The reason they "laugh in their face" is because there's no real legal backing to this threat letter - it's a lame attempt to scare SA into taking down an obvious parody.
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