Penny Arcade blackmailed & censored by American Greetings

[DaveSimmons]

Next time you go to buy a greeting card (mother's day is next month, hint hint) you might want to buy Hallmark instead of American Greetings.

The Penny Arcade webcomic folks ran a parody strip imagining "American McGee's Strawberry Shortcake," and the legal department of American Greetings was not amused.

Even though this is the sort of parody done all the time by SNL, Daily Show, etc. and is allowed by our free speech rights, companies like American Greetings know they can use their staff lawyers to take individuals and small companies to court and "win" even if they lose by destroying the target with legal bills for the initial case and endless appeals. In short, the artisits were forced to pull down the comic after American Greetings threatened to bankrupt the artists by suing them.

Kudos to Ghastly (of Ghastly's Ghastly Comic on Keenspace) for making it the topic of this week's strip.

 

[BigSmooth]

Indeed, I am a regular reader of PA and this has caused a semi-uproar.

It's even the headline over at Slashdot. The latest strip over at PA addresses the subject as well.

 

[Chadder007]

ARGH!!!....American Greetings was my favorite cards too. I hate hallmark. Hmm, guess Ill go with generic crap cards now.?

 

[Yossarian]

It's called protecting your property, and it is essential for a product that is marketed for children.

 

[Kevin]

Originally posted by: PipBoy
It's called protecting your property, and it is essential for a product that is marketed for children.

People are too anal now-a-days...

 

[Zugzwang152]

Originally posted by: PipBoy
It's called protecting your property, and it is essential for a product that is marketed for children.

children shouldn't be reading PA

 

[Yossarian]

Originally posted by: Kevin

Originally posted by: PipBoy
It's called protecting your property, and it is essential for a product that is marketed for children.

People are too anal now-a-days...

Maybe, but if you depended on Strawberry Shortcake for millions of dollars in revenue you might be a little sensitive about how it's portrayed.

 

[pulse8]

Originally posted by: PipBoy

Originally posted by: Kevin

Originally posted by: PipBoy
It's called protecting your property, and it is essential for a product that is marketed for children.

People are too anal now-a-days...

Maybe, but if you depended on Strawberry Shortcake for millions of dollars in revenue you might be a little sensitive about how it's portrayed.

Since when is doing parody illegal?

 

[Instan00dles]

I dont get it, wtf would american greeting be offened by the comic?

 

[Storm]

Originally posted by: PipBoy

Originally posted by: Kevin

Originally posted by: PipBoy
It's called protecting your property, and it is essential for a product that is marketed for children.

People are too anal now-a-days...

Maybe, but if you depended on Strawberry Shortcake for millions of dollars in revenue you might be a little sensitive about how it's portrayed.

It might cost them money now because of the big stink they made about it. Penny Arcade makes fun of everyone. Im sorry but "most" people understand that comic was in jest. Also since when was the last time any type of niche group, in this case hardcore videogamers that also does a webcomic, caused a major coporation millions of dollars of revenue?

I seriously doubt they would have lost millions because of the webcomic. Threatening to sue and getting a newsworthy about it may cost them millions.

 

[n0cmonkey]

Isn't this one of those things where you use your freedom of speech you should be prepared to kill for it? He chose to use his freedom of speech, he should be prepared for the consequences. He should either invade American Greetings and install a non-distatorial leadership there or stop using the freedom he has. He is as bad as the Dixie Chix. Or something.

 

[Yossarian]

Originally posted by: Storm

Originally posted by: PipBoy

Originally posted by: Kevin

Originally posted by: PipBoy
It's called protecting your property, and it is essential for a product that is marketed for children.

People are too anal now-a-days...

Maybe, but if you depended on Strawberry Shortcake for millions of dollars in revenue you might be a little sensitive about how it's portrayed.

It might cost them money now because of the big stink they made about it. Penny Arcade makes fun of everyone. Im sorry but "most" people understand that comic was in jest. Also since when was the last time any type of niche group, in this case hardcore videogamers that also does a webcomic, caused a major coporation millions of dollars of revenue?

I seriously doubt they would have lost millions because of the webcomic. Threatening to sue and getting a newsworthy about it may cost them millions.

I did not write or mean that they would have lost millions of dollars. I'm saying that that's what the Strawberry Shortcake characters are worth to American Greetings. The cartoon is damaging to the image of SS that AG wants to portray, making it less appealing to moms. The acual damage is probably negligible but companies with major licenseable properties do everything they can to protect them. Put Mickey Mouse on there instead of SS and Disney will come after you, guaranteed.

 

[MrBond]

I love how in the comic, they make one reference to an American Greetings owned character, and they sue them. Yet in the news post, they trash American McGee left and right, and he does nothing. And I'm sure he saw it.

Any major corporation can get anything they want taken off a website. They just have to make sure the site owner is someone smaller then them. I've got no money to fight WalMart, so if they call me up and say "remove the rant about us on the website or you're gonna get sued", I'll do it (just a theoretical situation). Even if it'd be a frivelous lawsuit that the judge would throw out, I don't have the money to throw at a lawyer to defend me.

Today's PA had me laughing almost as hard as the Fruit Fvcker 2000 one.

 

[Instan00dles]

Oh now I get it. when people were saying strawberry shortcake I was looking for a damn cake. after some googling I now know that the chick in that comic was the strawberry shortcake girl owned by american greetings.

 

[DaveSimmons]

Originally posted by: PipBoy
It's called protecting your property, and it is essential for a product that is marketed for children.

True for a competitor coming out with "Strawberry Cupcake," false for parody which is protected by our constitutional guarantee of freedom of speech.

Have you ever watched SNL, Daily Show, late night TV? They've done thousands of commercial parodies with impunity. They don't get sued (except rarely, and as PR not really trying to win) because they have the money to defend themselves and goons like the American Greetings legal staff know it.

 

[Storm]

Originally posted by: PipBoy

I did not write or mean that they would have lost millions of dollars. I'm saying that that's what the Strawberry Shortcake characters are worth to American Greetings. The cartoon is damaging to the image of SS that AG wants to portray, making it less appealing to moms. The acual damage is probably negligible but companies with major licenseable properties do everything they can to protect them. Put Mickey Mouse on there instead of SS and Disney will come after you, guaranteed.

Ok I see what you mean... but do you think this "satire" of Strawberry Shortcake will be exposed to the average person who buys those greeting cards? A good portion of the US isnt connected to the internet. Of those that are how many would know about Penny Arcade? I totally understand your point, but due to the limited exposure relative to regular population of the US who would buy those cards, I think its an overreaction.

 

[Yossarian]

Originally posted by: Storm

Originally posted by: PipBoy

I did not write or mean that they would have lost millions of dollars. I'm saying that that's what the Strawberry Shortcake characters are worth to American Greetings. The cartoon is damaging to the image of SS that AG wants to portray, making it less appealing to moms. The acual damage is probably negligible but companies with major licenseable properties do everything they can to protect them. Put Mickey Mouse on there instead of SS and Disney will come after you, guaranteed.

Ok I see what you mean... but do you think this "satire" of Strawberry Shortcake will be exposed to the average person who buys those greeting cards? A good portion of the US isnt connected to the internet. Of those that are how many would know about Penny Arcade? I totally understand your point, but due to the limited exposure relative to regular population of the US who would buy those cards, I think its an overreaction.

No I don't think that anyone who is in Strawberry Shortcake's target market will see the comic. Keep in mind also that Strawberry Shortcake and American Greetings are not just about cards, but they license to (I believe) Hasbro for the toys.

What happens is that if Company XYZ does commit a serious infringement at some time in the future and gets sued by AG, Company XYZ can use the comic as evidence that AG doesn't make the effort to protect its trademarks and properties.

 

[n0cmonkey]

Originally posted by: PipBoy

Originally posted by: Storm

Originally posted by: PipBoy

I did not write or mean that they would have lost millions of dollars. I'm saying that that's what the Strawberry Shortcake characters are worth to American Greetings. The cartoon is damaging to the image of SS that AG wants to portray, making it less appealing to moms. The acual damage is probably negligible but companies with major licenseable properties do everything they can to protect them. Put Mickey Mouse on there instead of SS and Disney will come after you, guaranteed.

Ok I see what you mean... but do you think this "satire" of Strawberry Shortcake will be exposed to the average person who buys those greeting cards? A good portion of the US isnt connected to the internet. Of those that are how many would know about Penny Arcade? I totally understand your point, but due to the limited exposure relative to regular population of the US who would buy those cards, I think its an overreaction.

No I don't think that anyone who is in Strawberry Shortcake's target market will see the comic. Keep in mind also that Strawberry Shortcake and American Greetings are not just about cards, but they license to (I believe) Hasbro for the toys.

What happens is that if Company XYZ does commit a serious infringement at some time in the future and gets sued by AG, Company XYZ can use the comic as evidence that AG doesn't make the effort to protect its trademarks and properties.

Satire and parody do not infringe copyrights, trademarks, etc.

 

[AzNmAnJLH]

 

[mpitts]

So does anyone have a mirror of the strip? It has obviously been pulled from PA.

 

[AzNmAnJLH]

 

contraband_comic.jpg

 

[DamienK]

Originally posted by: mpitts
So does anyone have a mirror of the strip? It has obviously been pulled from PA.

PA forum thread with mirrors

 

[Vic]

Originally posted by: AzNmAnJLH
it pictures a animal growling and one girl on hands and knees and one girl sitting on her.... i would sue too

Parody is protected free speech.

 

[BatmanNate]

I love PA's sense of humor.

I will not be buying from American Greetings anytime soon, they can legislate that right up their collective ass.