MESSAGES RECEIVED FROM FOX'S LEGAL DEPT.
Brian E. Kushner
Here is an email exchange betweem Fox and myself regarding my WWW Page
in which I offer one of the best X-Files Screensavers out there....FOR
FREE!!!
Date sent: Fri, 09 Aug 1996 15:36:08 -0700
From: David Oakes <DAV...@foxinc.com>
To: bkus...@ix.netcom.com
Copies to: CIN...@foxinc.com, JAM...@foxinc.com,
MA...@foxinc.com, re...@newscorp.com
Subject: "THE X-FILES" -- Copyright Infringement
Dear Mr. Kushner:
You internet website,
http://www.aol.com/gilandersn/index.html
, offers a screen saver containing images, logos, designs and other
distinctive elements of the copyrighted television series "THE
X-FILES".
As you know, Twentieth Century Fox Film Corporation owns all rights
under copyright and trademark in and to "THE X-FILES", and no other
company or individual, including you, is authorized to sell or
distribute materials which infringe Fox's rights.
Fox is hereby requesting that you remove the screensaver from your
website.
You should understand that Fox vigorously protects its proprietary
interests in all of its properties, and that Fox will take all
available legal action, as may be necessary, to compel the
discontinuance of any infringing activities. Fox hopes that your
voluntary compliance with the foregoing reasonable and lawful demands
will make the initiation of legal action against you unnecessary.
Finally, you have included on your website several manipulated
photographic images of Gillian Anderson. On behalf of Ms. Anderson,
her representative has requested that I ask you to remove such images
which Ms. Anderson finds degrading and offensive.
Please confirm your compliance with the foregoing requests by return
e-mail.
Very truly yours,
David G. Oakes, Counsel
Twentieth Century Fox Licensing & Merchandising
2121 Avenue of the Stars, 5th Floor
Los Angeles, California 90067
Here's my reply and his reply to that:
PS> I think it's horrendous that you don't want a simple screensaver
out there promoting your show. It is not sold, it is FREE. Most
places like SONY, NBC, etc. give free SS for their shows....It's
funny that in the beginning Fox didn't care about this stuff because
they wanted the promotion, now they want people to cease...This in
the end will cause the show to cease.....I am posting this message in
all the newsgroups so people can see what Fox is about.
Date sent: Fri, 09 Aug 1996 16:56:11 -0700
From: David Oakes <DAV...@foxinc.com>
To: bkus...@ix.netcom.com
Subject: Re: "THE X-FILES" -- Copyright Infringement -Reply
Your screensaver is not a very good one. In fact, it is a very lousy
one,
and does not contain any correct proprietary notices. You did not
create
in "THE X-FILES". You do not contribute to the production costs of
"THE
X-FILES". While Fox appreciates its fans of "THE X-FILES", it does
not
allow misuses of this property for anyone's personal or commercial
interests. You should understand that Chris Carter, David Duchovny,
Gillian Anderson and many other people work very hard and long hours
on this series to keep you and millions of other fans entertained.
They do
not do this for free. This is their job for which they are entitled
to be
compensated. When you misuse their images and appropriate their work
for your own personal interests and/or profit, you are cheating them.
True fans respect their rights. Fox hopes you will become one.
Brian E. Kushner
CyberGrrl <@> wrote:
>Although I'm as pissed off as the next person over the
>way Fox has handled this whole copyright issue, I have to
>say I agree with them in reference to the "altered"
>pictures of Gillian Anderson.
>
>It would be one thing if these were actual photos she had
>posed for but they are not and I applaud Fox for taking a
>stand on her behalf.
>
>I find it interesting that *your* comments all revolved
>around the screen saver and your right to post it...
>
>
>Show some class.... lose the tacky pictures... maybe we'd
>care about your battle with Fox then.
>
>
>
There's on;y one nude and it's already gone!
Brian
Bernardine
In article <320c4e51...@nntp.ix.netcom.com>, bkus...@ix.netcom.com
(Brian E. Kushner) wrote:
<snip lose the porn-pics)
:> There's on;y one nude and it's already gone!
Good for you Brian. Now the next question is: do you have the
dough to cough up a resistance? After a couple of cease and
desist requests they will have to get a court order for removal,
and can start an action for damages. Frankly I'd rather be dealing
with Fox on the logos than GA's lawyer in this respect. If you
disobey the order for removal, then you could go to jail. It'll be like
Hackers where they storm your bedroom and seize all your stuff.
Scared yet? <g>
Why don't you find out if it's possible to modify the logo and
create your own saver using this. Make it Z-Files (you know,
zee files, the files ... never mind). You may still have to credit
Fox with the original concept.
It's clearly a trademark/copyright violation and that's illegal,
and unfair for all the reasons the Fox lawyer gave you.
(Not a legal opinion ---)
- Bernardine
CyberGrrl
Brian E. Kushner
Pett...@fox.nstn.ca (Bernardine) wrote:
By the way, I don't know the laws in Canada but in the US I highly
doubt I will be thrown into jail for having an X-Files Screen Saver,
but if I am, so what?
Brian E. Kushner
Pett...@fox.nstn.ca (Bernardine) wrote:
>In article <320c4e51...@nntp.ix.netcom.com>, bkus...@ix.netcom.com
>(Brian E. Kushner) wrote:
>
><snip lose the porn-pics)
>
>:> There's on;y one nude and it's already gone!
>
>Good for you Brian. Now the next question is: do you have the
>dough to cough up a resistance? After a couple of cease and
>desist requests they will have to get a court order for removal,
>and can start an action for damages. Frankly I'd rather be dealing
>with Fox on the logos than GA's lawyer in this respect. If you
>disobey the order for removal, then you could go to jail. It'll be like
>Hackers where they storm your bedroom and seize all your stuff.
>
>Scared yet? <g>
>
>Why don't you find out if it's possible to modify the logo and
>create your own saver using this. Make it Z-Files (you know,
>zee files, the files ... never mind). You may still have to credit
>Fox with the original concept.
>
>It's clearly a trademark/copyright violation and that's illegal,
>and unfair for all the reasons the Fox lawyer gave you.
>
>(Not a legal opinion ---)
>
>- Bernardine
They can fight me all day, I own nothing so their Judgement will mean
nothing....Isn't it amazing they take this stance? If you go to the
record company home pages they give away free Mariah Carey and other
artists screen savers as promotion. Fox sucks....
CyberGrrl
Happy to hear you took down the pic. Now about the screensaver...
I've been thinking about all of this Fox copyright stuff for
quite some time. Even though they technically do have copyrights
on the logos, images, etc., you would think that they would have
the sense to know that all of the X-Files websites out there are
only *helping* the popularity of the show... which of course,
means more money for them.
I don't know of *anyone* who only downloads the freebies:
pics, wavs, etc yet doesn't purchase just about everything that's
marketed too.
Perhaps if the various people with X-F websites got together
and tried to work out something with Fox as to certain logos and
pictures that could be used to post or create things like
screensavers... in addition to stressing to them the importance that
the internet and past websites have had on the growth and
popularity of the show!
Let's face it... no matter what Fox does, most of us would continue
to watch the X-Files, however, that doesn't mean that other shows
can't be boycotted, products through Fox not purchased, etc.
I'm also curious if anyone has thought of appoaching Chris Carter
about all of this? Do we know if he's tried to talk some sense
into the network? Why doesn't the "Official" Site offer any kind
of free promos?
I should think if these websites are respectful of the show and
are done in a spirit of celebrating it and its stars, some kind of
satisfactory compromise could be reached if the right people got
involved.
This is all just IMHO :^)
Thanks for letting me vent.
neb...@erols.com
In article <4uj56f$4...@mtinsc01-mgt.ops.worldnet.att.net>, CyberGrrl <@> wrote:
> Happy to hear you took down the pic. Now about the screensaver...
>
> I've been thinking about all of this Fox copyright stuff for
> quite some time. Even though they technically do have copyrights
> on the logos, images, etc., you would think that they would have
> the sense to know that all of the X-Files websites out there are
> only *helping* the popularity of the show... which of course,
> means more money for them.
>
> I don't know of *anyone* who only downloads the freebies:
> pics, wavs, etc yet doesn't purchase just about everything that's
> marketed too.
>
> Perhaps if the various people with X-F websites got together
> and tried to work out something with Fox as to certain logos and
> pictures that could be used to post or create things like
> screensavers... in addition to stressing to them the importance that
> the internet and past websites have had on the growth and
> popularity of the show!
>
This is a very good idea, one I've had myself about Fox's and other
companies seemingly over-aggressive attorneys. But what my attorney
friends have explained to me is that they have to be so aggressive,
because if they set a precedent of not defending their copyright, even
when not to do so wouldn't hurt them, such as in this case, they are
opening the door for the next scheme which could hurt them. The
perpretrators of said scheme could say, "Well, you've already shown that
you're treating 'x' like it's in the public domain." That's the point
that we often miss, that lawyers are not always reacting just to the
current situation, but are protecting their clients from future
consequences of how they handle the current situation. So sadly, Fox
probably is handling this in the best way for them.
-Chris from Greenbelt, MD
Neb...@erols.com or Neb...@aol.com
Mark Rajesh Das
Brian E. Kushner (bkus...@ix.netcom.com) wrote:
: Here is an email exchange betweem Fox and myself regarding my WWW Page
: in which I offer one of the best X-Files Screensavers out there....FOR
: FREE!!!
: Date sent: Fri, 09 Aug 1996 15:36:08 -0700
: From: David Oakes <DAV...@foxinc.com>
: To: bkus...@ix.netcom.com
: Copies to: CIN...@foxinc.com, JAM...@foxinc.com,
: MA...@foxinc.com, re...@newscorp.com
: Subject: "THE X-FILES" -- Copyright Infringement
: Dear Mr. Kushner:
{stuff deleted}
Now, someone educate me. I thought that posting e-mail sent to you is
a violation of privacy unless you got permission from the sender
to post. ( didn't read anything about giving permission, but perhaps
I missed something) Seems like the last thing you want to do to
these folks is give them another reason to sick their lawyers on
you.
As for the site itself, I say if FOX has the right, then they have the
right to enforce their rights. Might not seem fair (to you) but they
do have the right. Perhaps you might wish to try out a deal with
FOX. Good luck fighting them if you wish, you'll need it. Look at
the bullshit the National Enquirer "reports" and seldom lose
in court (partly cuz they have the money to spend on the lawyers),
and once again, I think FOX has the right to tell you to stop.
just a thunk.
"TM"
Stef Davies
>> I'm also curious if anyone has thought of appoaching Chris Carter
>> about all of this? Do we know if he's tried to talk some sense
>> into the network? Why doesn't the "Official" Site offer any kind
>> of free promos?
>>
>> I should think if these websites are respectful of the show and
>> are done in a spirit of celebrating it and its stars, some kind of
>> satisfactory compromise could be reached if the right people got
>> involved.
Dear Mr Carter,
In the hope that you are reading this, I had my web-page - containing
fanfics and photographs of XF, DD & GA - suspended during the summer by
Compuserve, who told me that they had been ordered to do this by Fox
Network . Other people have had the same problem.
We're not making any money out of this - in fact it costs us to maintain
these sites. Mine looks much worse now than it did before. I wrote to Fox
asking them if there was any way I could apply to use these images, or
some of them, non-commercially, but they did not reply.
Knowing that you read some of what we say here, and that you appreciate
that your Internet fans are extremely loyal and would never do anything to
harm the show, could you possibly use some clout to suggest to Fox Netwrok
that either they allow us to use the images non-commercially, or put up on
their own offficial web-site some images, wavs etc which we could use on
our own pages.
Thanks for reading this,
Stef Davies,
Maintainer of the Post Episode fanfic page, and the new fanfic archive -
from August 1996.
Alexander Lum
In article <320bd1d5...@nntp.ix.netcom.com>, bkus...@ix.netcom.com
(Brian E. Kushner) wrote:
> Here is an email exchange betweem Fox and myself regarding my WWW Page
> in which I offer one of the best X-Files Screensavers out there....FOR
> FREE!!!
[mail from Fox deleted]
> PS> I think it's horrendous that you don't want a simple screensaver
> out there promoting your show. It is not sold, it is FREE. Most
> places like SONY, NBC, etc. give free SS for their shows....It's
> funny that in the beginning Fox didn't care about this stuff because
> they wanted the promotion, now they want people to cease...This in
> the end will cause the show to cease.....I am posting this message in
> all the newsgroups so people can see what Fox is about.
Think of it this way: you say that Sony and NBC give away free promotional
screensavers - if Fox wanted to do the same, I'm sure they'd rather do it
themselves. Just because it's free promotion for them doesn't make it
right for you to to violate their copyrights and use their trademarks!
I think David Oakes and the TCF Licensing & Merchandising have been more
than polite and fair in this case and Brian should have the decency to
comply with their requests. It may be a shame, and a waste of his hard
work, but it is the law and Fox are well within their rights to enforce
it.
I notice you posted the entire exchange (probably without permission from
the other party) "so people can see what Fox is about". I hardly think the
shocking revelation that Fox is in the business of making money is going
to "kill the show", as you imply!
-- Alex.
Acceptable Risk
On 12 Aug 1996 02:17:59 GMT, rma...@uclink2.berkeley.edu (Mark Rajesh
Das) wrote:
>Brian E. Kushner (bkus...@ix.netcom.com) wrote:
>: Here is an email exchange betweem Fox and myself regarding my WWW Page
>: in which I offer one of the best X-Files Screensavers out there....FOR
>: FREE!!!
>
>: Date sent: Fri, 09 Aug 1996 15:36:08 -0700
>: From: David Oakes <DAV...@foxinc.com>
>: To: bkus...@ix.netcom.com
>: Copies to: CIN...@foxinc.com, JAM...@foxinc.com,
>: MA...@foxinc.com, re...@newscorp.com
>: Subject: "THE X-FILES" -- Copyright Infringement
>
>: Dear Mr. Kushner:
> {stuff deleted}
>
>
>Now, someone educate me. I thought that posting e-mail sent to you is
>a violation of privacy unless you got permission from the sender
>to post. ( didn't read anything about giving permission, but perhaps
>I missed something) Seems like the last thing you want to do to
>these folks is give them another reason to sick their lawyers on
>you.
>
>As for the site itself, I say if FOX has the right, then they have the
>right to enforce their rights. Might not seem fair (to you) but they
>do have the right. Perhaps you might wish to try out a deal with
>FOX. Good luck fighting them if you wish, you'll need it. Look at
>the bullshit the National Enquirer "reports" and seldom lose
>in court (partly cuz they have the money to spend on the lawyers),
>and once again, I think FOX has the right to tell you to stop.
>
You can post e-mail if it is To you or FROM you. The probs come when
you post someone elses... I've already gone thru this once in the past
so....
>>>>>>>Acceptable Risk<<<<<<<<
>>>Have a nice day, and duck!<<<
>>>>>>>ri...@alpha.c2.org<<<<<<<
All mail forwarded thru the Cypherpunk remailers.
All replies go the same way.
No files via email due to 32k limit.
Member: TriLynx
Keyserver for PGP Key: 0x827D8809
PGP Fingerprint: 41 C3 9E 54 09 B5 70 33 90 F9 95 D5 28 2F 82 62
"If the habit's hard to break... welcome to the club..."
"We are the truth... we are here amongst you already... Trust No One..."
Acceptable Risk
On 10 Aug 1996 23:15:27 GMT, CyberGrrl <@> wrote:
>Happy to hear you took down the pic. Now about the screensaver...
>
>I've been thinking about all of this Fox copyright stuff for
>quite some time. Even though they technically do have copyrights
>on the logos, images, etc., you would think that they would have
>the sense to know that all of the X-Files websites out there are
>only *helping* the popularity of the show... which of course,
>means more money for them.
The thing is they don't share your opinion. Their belief, and this has
been stated before, that net users account for a small portion of
their fan base. We don't matter in their eyes. The obvious fakes don't
help X-Files publicity and if you read through this group, there's a
lot of bullshit GA/DD bashing going on. The image they see is what
they read and to tell you the truth, this whole group looks like a
bunch of 5 year olds bashing characters...
>
>I don't know of *anyone* who only downloads the freebies:
>pics, wavs, etc yet doesn't purchase just about everything that's
>marketed too.
True..
>
>Perhaps if the various people with X-F websites got together
>and tried to work out something with Fox as to certain logos and
>pictures that could be used to post or create things like
>screensavers... in addition to stressing to them the importance that
>the internet and past websites have had on the growth and
>popularity of the show!
Easier answer... if you want to run a website, put it somwehere other
than the "family" providers... AOL, Compusmurf, Netcom, etc... Pick up
a website from C2 or Zippo... or even better, snag free webspace from
overseas, there's a lot of free space available as long as you look...
I sincerely doubt that fox will give in to anything, it's bad
publicity for them to show that they "caved in" The funny thing is,
they don't go after the Married with Children sites, or the 90210
sites... something alerted them, be it fake nudes, incorrect data, or
whatever... there's got to be a method to their madness...
>
>Let's face it... no matter what Fox does, most of us would continue
>to watch the X-Files, however, that doesn't mean that other shows
>can't be boycotted, products through Fox not purchased, etc.
>
>I'm also curious if anyone has thought of appoaching Chris Carter
>about all of this? Do we know if he's tried to talk some sense
>into the network? Why doesn't the "Official" Site offer any kind
>of free promos?
The official site seems to be an afterthought... the programming is
weak, etc... This goes back to my original theory... that they really
don't believe the internet to be valuable on their behalf at all...
>
>I should think if these websites are respectful of the show and
>are done in a spirit of celebrating it and its stars, some kind of
>satisfactory compromise could be reached if the right people got
>involved.
I've had the alt.binaries.x-files FAQ up for quite some time with no
trouble at all from FOX or anyone else... I have the screensaver up
and a bunch of pix (no nudes) I've seen some other good sites go down
but it would appear that there's a selection process. If it isn't
based on appearance, data, or content.... what is it?...
>
>This is all just IMHO :^)
>
>Thanks for letting me vent.
>
Venting builds character... it scares the dog but it builds
character...
Alpha.c2 is down so please everyone.. no mail response...
Acceptable Risk
On 14 Aug 1996 02:17:58 GMT, aj_...@postoffice.utas.edu.au (Alexander
Lum) wrote:
>In article <320bd1d5...@nntp.ix.netcom.com>, bkus...@ix.netcom.com
>(Brian E. Kushner) wrote:
>
>> Here is an email exchange betweem Fox and myself regarding my WWW Page
>> in which I offer one of the best X-Files Screensavers out there....FOR
>> FREE!!!
>
>[mail from Fox deleted]
>
>> PS> I think it's horrendous that you don't want a simple screensaver
>> out there promoting your show. It is not sold, it is FREE. Most
>> places like SONY, NBC, etc. give free SS for their shows....It's
>> funny that in the beginning Fox didn't care about this stuff because
>> they wanted the promotion, now they want people to cease...This in
>> the end will cause the show to cease.....I am posting this message in
>> all the newsgroups so people can see what Fox is about.
>
>Think of it this way: you say that Sony and NBC give away free promotional
>screensavers - if Fox wanted to do the same, I'm sure they'd rather do it
>themselves. Just because it's free promotion for them doesn't make it
>right for you to to violate their copyrights and use their trademarks!
>
>I think David Oakes and the TCF Licensing & Merchandising have been more
>than polite and fair in this case and Brian should have the decency to
>comply with their requests. It may be a shame, and a waste of his hard
>work, but it is the law and Fox are well within their rights to enforce
>it.
>
>I notice you posted the entire exchange (probably without permission from
>the other party) "so people can see what Fox is about". I hardly think the
>shocking revelation that Fox is in the business of making money is going
>to "kill the show", as you imply!
>
FOX has already proven themselves to be cutting edge/hardcore. Those
who saw their airing of "Airplane!" know what I'm talking about. Their
defense certainly won't harm the show but it may mar their image a
bit... What FOX has to understand is that this business of putting up
websites is a necessary evil, regardless of it's effect on the show.
Microsoft has publicly stated, and I quote... "If windows wasn't the
most copied program on the planet, we wouldn't be as successful as we
are..." This meaning that FOX should accept the fact that sites are
there. Consider for a moment international web pages. These are WAY
WAY out of U.S. jurisdiction. FOX lawyers can't touch 'em. Should I
receive an order (unlikely) to take down my site, I'll have it back up
in 2 hours somewhere else, plain and simple. There's no way in hell
they can ever catch up with it. B.K.'s site has been up for quite a
while which shows their lack of aggressiveness (<--- is that a word?).
The bottom line is, yes, FOX is justified in contacting webmasters
but, no, it's not going to stop....
Brian E. Kushner
ri...@alpha.c2.org (Acceptable Risk) wrote:
Keep in mind that my sight is only Gillian Anderson, it has nothing to
do with X-Files or Scully per se, there are no X-files screen captures
or anything. Gillian Anderson would have to shut me down not Fox, only
thing on there that Fox has rights to is the Screen Saver, they don't
own the rights to Gillian Anderson as Gillian Anderson.
brian
Acceptable Risk
>>FOX has already proven themselves to be cutting edge/hardcore. Those
>>who saw their airing of "Airplane!" know what I'm talking about. Their
>>defense certainly won't harm the show but it may mar their image a
>>bit... What FOX has to understand is that this business of putting up
>>websites is a necessary evil, regardless of it's effect on the show.
>>Microsoft has publicly stated, and I quote... "If windows wasn't the
>>most copied program on the planet, we wouldn't be as successful as we
>>are..." This meaning that FOX should accept the fact that sites are
>>there. Consider for a moment international web pages. These are WAY
>>WAY out of U.S. jurisdiction. FOX lawyers can't touch 'em. Should I
>>receive an order (unlikely) to take down my site, I'll have it back up
>>in 2 hours somewhere else, plain and simple. There's no way in hell
>>they can ever catch up with it. B.K.'s site has been up for quite a
>>while which shows their lack of aggressiveness (<--- is that a word?).
>>The bottom line is, yes, FOX is justified in contacting webmasters
>>but, no, it's not going to stop....
>>
>
>Keep in mind that my sight is only Gillian Anderson, it has nothing to
>do with X-Files or Scully per se, there are no X-files screen captures
>or anything. Gillian Anderson would have to shut me down not Fox, only
>thing on there that Fox has rights to is the Screen Saver, they don't
>own the rights to Gillian Anderson as Gillian Anderson.
>
Perhaps it's time fox actually outline what they consider to be
infringment and not. You're right, I've been on your page and if I
were looking for soemone to nail, it wouldn't be you. I hardly see the
benefits in chasing after the screensaver. Surely this whole deal is
costing them a ton of money. If their whole beef with you is the
screensaver and the screensaver only, takes the saver off of your page
but put a link in to somewhere that the screensaver is stored... that
way, your page doesn't contain any material that fox can scream about.
If you do a search in alta vista for the screensaver and find it, you
can't bust alta vista, same thing as having a link on your page...
*hint hint*
jason kewachuk
Alexander Lum wrote:
>
> In article <320bd1d5...@nntp.ix.netcom.com>, bkus...@ix.netcom.com
My question is why Fox just went after the screen saver. The images and
icons it was composed of can be found all over the web and, as far as I
know, no web sites have been hasselled over it. Also newsgroups like
alt.xfiles. binaries and alt.xfiles.creative are clearly in violation of
Fox's stated copyrights. Has Fox ever tried to shut them down? COuld
they?
Wilfried
Hi, here is the mails that I received from Chris Fusco, (See the x files
mag, internet section or The off. site) about the copyrights. They shut
down my web site a month ago. I had to removed every single pictures of
DD & GA.
Read this!
You can also read it on my web page:
http://ourworld.compuserve.com/homepages/xfiles/cpyright.htm
>start here<
The X-Files pictures from the site are illegal and can only be used
within the
guidlines specified by the agreement Fox has with those who took
them (assuming the
pictures were taken for Fox). Fox has a policy that these pictures
are to be used by their
licensees and their internal departments which also means the
X-Files official web site. This
means that on the web the only place that has permission to use them
is the official site and
Fox sites. Sorry.
No. X-Files pictures as a whole are copyrighted by Fox and they have
agreements with the
photographers, etc. that they have to live up to. Part of these
agreements include usage rights
which are being violated all over the web. <B>Fox is going to crack
down on this in the
very near future and shut down many of these sites to protect
themselves from legal
action. The words The X-Files are safe, as long as you are not using
the logo or the
words in the X-Files font. The Truth is Out There, Deny Everything,
and Trust No
One are copyrighted too believe it or not. Fox can't let people
upload pictures whether it
is commercial or not because putting a site on the web is akin to
digital publishing. Legally this
would amount to reproduction and distribution of copyrighted
materials and they would liable
for not enforcing their copyright. Chris
You can put the copyrights on your pages if you want, but that won't
necsessarily
protect you from having your site shut down. Video captures are also
illegal (just about
everything is) and even magazines use them without permission. You
can use the title The
X-Files as long as the copyright and trademark information is on the
page. Basically right
now Fox is not shutting down sites. Very soon we will be. Basically
any and every picture
or peice of art has specific usage rights as specified by a contract
(or contracts) and Fox at
the very least has to abide by them if they choose to do anything
with them at all. For example
if a magazine wanted to print an article, they would go to Fox for
the photos and Fox has
approved photos for just such a use. They have an agreement with
magazine publisher that
stipulates exactly how the photos and materials may or may not be
used. Even some magazine
publishers have violated the law and are being sued for damages.
What has happened is
fans have gone crazy, violated more laws than I knew even existed,
and Fox wants to
take total control over their property for legal as well as creative
reasons. Chris
Carter is very picky about how the X-Files is represented
creatively, and what the
fans have done goes against everything in his style guide. By taking
control of
everything, Fox can also regulate what does or does not get done. We
do want to
make everyone happy, so we are working on ways that allow people to
create their
own home pages, but I can't disclose any details yet. Chris
What we may do is shut down all sites and create an area on the
official web site that is a
do-it-yourself homepage area where fans can create their own sites
using the resoucres we
provide. This is a big undertaking, and I still need to discuss the
logistics with our tech people,
but we feel it would be the best way to make everyone happy. Chris
Chris F.
>end here<
Brian E. Kushner
jason kewachuk <jew...@aiti.halifax.iti.ca> wrote:
Because they're just trying to throw some power around.....I am in the
Entertainment Business so I know how this works...I'm not budging. I
hardly think they will spend the money it takes to file a civil suit
just so a judge can tell me to take off a Screensaver.....I own
nothing so they can't get anything in damages.....Secondly, I didn't
create the screensaver, the guy who did has his name right on
it....It's just located at my site....IT IS the only thing with
X-Files....
Mad Hamish
In article <32115bb2...@news.concentric.net> ri...@alpha.c2.org (Acceptable Risk) writes:
> This meaning that FOX should accept the fact that sites are
>there. Consider for a moment international web pages. These are WAY
>WAY out of U.S. jurisdiction. FOX lawyers can't touch 'em. Should I
>receive an order (unlikely) to take down my site, I'll have it back up
>in 2 hours somewhere else, plain and simple.
And if it's _anywhere_ which is a signatary to the copyright international
treaty (or whatever the term is) it will _STILL_BE_ILLEGAL_.
****************************************************************************
The Politician's Slogan
'You can fool all of the people some of the time and some of the people all
of the time, but you can't fool all of the people all of the time.
Fortunately only a simple majority is required.'
****************************************************************************
Mad Hamish
Hamish Laws
h_l...@postoffice.sandybay.utas.edu.au
David W. Vosper
Sorry to hear that you are having copyright problems with your Web
site.
Please keep in mind that Fox/Carter are not being mean or vindictive
when they enforce their copyrights and those of their photographers.
When you own a copyright the law REQUIRES you to vigoriously defend it.
It is a defend it or lose it situation.
It sounds as though Fox/Carter are being very nice about but firm on
this issue.
L.L.A.P.
David W. Lillard
Used to know someone who thought he was too small for Fox to bother
with. Besides civil lawsuit, they had *criminal* charges filed
against him. He lost; and went to jail for several years and got
FINED thousands of dollars. However, it *was* Star Wars he was
fooling around with.
Take Care, David.
Coleen Sullivan-Baier
It is a defend it or lose it situation.
>
>It sounds as though Fox/Carter are being very nice about but firm on
>this issue.
>
there...that's nice, but firm, too
XXXXXXXXgizzieXXXXXXXX
(wondering where these legal beagles were the last 18 monthes)
Brian E. Kushner
I'm also sure it was more than having a screensaver on his web page???
He was probably making counterfeit merchandise and the likes....A
little bit different!!!
Brian
Coleen Sullivan-Baier
In <4v0bkf$7...@peter.atw.fullfeed.com> fan...@atw.fullfeed.com (David
W. Lillard) writes:
>
>Used to know someone who thought he was too small for Fox to bother
>with. Besides civil lawsuit, they had *criminal* charges filed
>against him. He lost; and went to jail for several years and got
>FINED thousands of dollars. However, it *was* Star Wars he was
>fooling around with.
whoa...I bet "The Force" was REALLY with him in jail %-(
XXXXXXXXgizzieXXXXXXXX
(you're gonna put that WHERE???...I don't THINK so.....)
J. Zimmerman
On 16 Aug 1996, Coleen Sullivan-Baier wrote:
> It is a defend it or lose it situation.
> >
> >It sounds as though Fox/Carter are being very nice about but firm on
> >this issue.
> >
>
> Bite me
>
> there...that's nice, but firm, too
>
>
I think that would depend strongly on just where you intend for us to bite
you, and how many people are involved in said biting.
| '' || / --+--
--+-- / | / --+--
/|\ / | /
( bo - ru - ti )
"That's life: Trust and you're betrayed; don't trust and you betray yourself."
-Merlin of Amber, "Knight of Shadows"
Stef Davies
>> My question is why Fox just went after the screen saver. The images and
>> icons it was composed of can be found all over the web and, as far as I
>> know, no web sites have been hasselled over it. Also newsgroups like
>> alt.xfiles. binaries and alt.xfiles.creative are clearly in violation of
>> Fox's stated copyrights. Has Fox ever tried to shut them down? COuld
>> they?
Well, as you may know, they closed down MY web-site until I removed the
images of DD and GA. I tried e-mailing them to find out about getting
permission to use the images, thus not putting their copyright in danger,
but didn't receive the courtesy of any reply at all. If anyone knows WHO I
shoulkd get in tyouch with over this, I'd be grateful for an e-mail
address, since Fox shut my site down indirectly, via Compuserve, and I had
no contact with them directly.
Stef,
London,
England.
x x x x x x x x x x x x
For the X-Files fanfic archive:
http://web.ukonline.co.uk/members/xfilesfanficarchive.d/contents.htm
For fanfic that follows the episodes:
http://ourworld.compuserve.com/homepages/Stephanie/postepis.htm
-------
Proud Friend of XF UST
stephani...@ukonline.co.uk
ste...@aol.com
10057...@compuserve.com
x x x x x x x x x x x x
Brian E. Kushner
"Stef Davies" <stephani...@ukonline.co.uk> wrote:
When you say images of DD and GA do you mean DS and FM? Fox has no
rights to the image of DD and GA outside of the X-Files. They are two
human beings and they would have to com to you and shut you down not
Fox!!! I have a page with nothing but Gillian Anderson photos, all
different ones from magazine layouts etc. nothing from X-Files though
and they tried to shut me down and my lawyer got on them. When they
couldn't they went after my screensaver which is X-files related and
we refused to remove it and I never heard anymore.....They are just
blowing smoke....but that's up to you whether you want to battle with
them...Funny though how they didn't care in the beginning when the
show wasn't so big.....Wait until the ratings start going down,
they'll be preying for more pages.
brian
Jackie Wiencus
I thought Fox's copyright/trademark jurisdiction was only in the USA,
at least as far as the Web goes. Can they shut down a Euroopean site?
Special Agent COG,
Jackie
Jackie Wiencus
>
> I thought Fox's copyright/trademark jurisdiction was only in the USA,
> at least as far as the Web goes. Can they shut down a Euroopean site?
>
> Special Agent COG,
> Jackie
Oops...sorry about the typo.
Jackie
Capulet
>
> When you say images of DD and GA do you mean DS and FM? Fox has no
> rights to the image of DD and GA outside of the X-Files. They are two
> human beings and they would have to com to you and shut you down not
> Fox!!! I have a page with nothing but Gillian Anderson photos, all
> different ones from magazine layouts etc. nothing from X-Files though
> and they tried to shut me down and my lawyer got on them. When they
> couldn't they went after my screensaver which is X-files related and
> we refused to remove it and I never heard anymore.....They are just
> blowing smoke....but that's up to you whether you want to battle with
> them...Funny though how they didn't care in the beginning when the
> show wasn't so big.....Wait until the ratings start going down,
> they'll be preying for more pages.
>
> brian
This information is not completely correct. Fox has not done anything
to you YET. Gillian's lawyers are suing in certain cases, such as the
morphed nude photo of her. Fox is taking action, they are just being
curteous the first run through to warn everyone. The second run through
will not be as pretty.
--