Lawsuit Threatens Bob Enyart's Ministry

[Jefferson]

Lawsuit Threatens Bob Enyart's Ministry

This is the show from Wednesday, November 21st, 2012.

SUMMARY:

* Trying to “Bring it All Down, Man”: Bob’s guest host Doug McBurney explains Bob’s mysterious absence these past few days… turns out Bob’s been busy hemorrhaging money responding to a trademark lawsuit filed in Manhattan against Bob & Fred Williams, claiming “Real Science Friday” is infringing the trademark held by National Public Radio syndicated Science Friday, Inc. The suit is seeking damages in the six figures and threatens to severely impact not only Bob’s ministry; but creation ministries across the globe, as the law is used as a weapon to silence God’s word that He is our Creator.

* The Devil & William Costello: ...and former governor Dick Lamm, and Democrat operative Mike Stratton… and who knows who else! Seems the alleged serial rapist (and thug who attacked Personhood petitioner Everett Stadig) has connections with top Democrats in Colorado. Doug posits the theory that his connections may have influenced prosecutors to file a less serious “2nd degree” assault charge in the Pro-Life assault case. Could it be that Costello was trying to use his political connections to avoid a felony charge? But that the facts of case and witness statements left prosecutors unable to file misdemeanor charges against even a well connected Colorado liberal pro-abort? And the felony charge led to the DNA match, that led to his arrest for multiple rapes. Food for thought…

* Sin & The Government School: Doug reads the latest horror story coming out of the government schools and asserts that it is a sin for a Christian to send his child to the government schools.

* Just-a-System: Hear how one inmates deathbed confession to murder get’s him “life”, and another’s insistence that “I’m guilty! Please convict me quickly so I can get back to lockup and watch Monday Night Football,” get’s him… well, nothing really, except the ability to watch all the football he can until his sentence is carried out… in 15, or 20, or 30 years…

* Something About Elmo: The voice of “Sesame Street” character “Elmo” has resigned in light of allegations that he’s a child molester. Reason number 613 NOT to allow Sesame Street into your home!

* Happy Thanksgiving: On the occasion of this true Christian original, the American Thanksgiving Day holiday, we wish all of you and your families a blessed time of refreshing in the Lord, and give our humble thanks to Him for the manifold blessings we daily enjoy!

 

[Granite]

This isn't a surprise and the solution's real simple...:yawn:

 

[jeremysdemo]

yeah, change the name,

not that difficult to come up with something original.

keep shinin

jerm

 

[Jefferson]

Here are pertinent excerpts from Wikipedia's article on "fair use" laws:

Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

[A] reviewer may fairly cite largely from the original work, if his design be really and truly to use the passages for the purposes of fair and reasonable criticism.

Fair use tempers copyright's exclusive rights to serve the purpose of copyright law, which the US Constitution defines as the promotion of "the Progress of Science and useful Arts" (Art. I, § 8, cl. 8). This principle applies particularly well to the case of criticism...

When Tom Forsythe appropriated Barbie dolls for his photography project "Food Chain Barbie", Mattel lost its claims of copyright and trademark infringement against him because his work effectively parodies Barbie and the values she represents.

Courts recognize that certain kinds of market harm do not oppose fair use, such as when a parody or negative review impairs the market of the original work. Copyright considerations may not shield a work against adverse criticism.

While commercial copying for profit work may make it harder to qualify as fair use, it does not make it impossible. For instance, in the case Campbell v. Acuff-Rose Music, Inc., it was ruled that commercial parody can be fair use. Hip-hop group 2 Live Crew successfully made a parody, sold for profit, of the song "Oh, Pretty Woman".

Conclusion: National Public Radio doesn't have a leg to stand on. This should just be a summary judgment. It should not even go to trial.

 

[Stripe]

:think:

 

[Alate_One]

Conclusion: National Public Radio doesn't have a leg to stand on. This should just be a summary judgment. It should not even go to trial.

RSF isn't intended as a parody and it doesn't directly criticize the material on Science Friday. RSF criticizes mainstream *science* as a whole.

Perhaps you could provide an example of when RSF directly addressed the same topics from Science Friday in a critical manner? (I don't believe this happens much if at all.)

Instead, Bob just took the name and created an entirely different show, albeit from a creationist perspective.

 

[Granite]

What "law" is Jeff referring to that threatens other ministries? Other cybersquatters and folks who crib existing programs? Uh, yeah. If you put it that way...

 

[Doormat]

Here are pertinent excerpts from Wikipedia's article on "fair use" laws:

That's copyright law. This case is about trademark law.

We have been discussing this in the thread: Real Legal Friday.

Come read what we've been discussing.

Is Bob aware that he may be able to request Justice Ramos to order facilitative mediation? This case appears quite suitable for mediation and I believe the judge will agree. It might be a strategy that could stop the cash hemorrhage or at least slow the bleeding. Pass that on to Bob please.

 

[Doormat]

RSF isn't intended as a parody and it doesn't directly criticize the material on Science Friday.

We'll have to wait to read Bob's response to the complaint, but it has been alleged that the title of the show was intended as a parody of Science Friday, a registered and arguably famous trademark. If that is true, a trademark parody defense could be successful.

 

[gcthomas]

RSF directly claims on its website that Science Friday is a derivative parody, and claims to be the original itself:

"Don't Be Fooled by NPR's parody titled Science Friday Welcome to the REAL Science Friday " ( http://kgov.com/real-science-friday )

This claim above doesn't come under fair-use or parody, but directly challenges Science Friday's use of the trade-marked name. With this on their front page, RSF will have little defence in court.

 

[Doormat]

This claim above doesn't come under fair-use or parody, but directly challenges Science Friday's use of the trade-marked name. With this on their front page, RSF will have little defence in court.

I disagree. The wording and winking smiley face communicate that Bob's title is the parody of the Science Friday trademark. It seems pretty clear that Bob's intent is to parody Science Friday's name, and I wouldn't be surprised to see many affidavits that give evidence of his intent.

 

[Doormat]

From the other thread:

My non-professional, non-legal advice for Bob is this: change the name of your show and give them your "realsciencefriday" domain name on the condition Real Science Inc. withdraws the complaint. Bob could call his show one of dozens of potential good names and still keep his same audience. Jesus said to give in quickly with your adversary (Mt 5:25). I think this is good example of a time to do that (Ec 3:1)

 

[Sherman]

People sue at the drop of a hat. Ridiculous.

 

[Jefferson]

That's copyright law. This case is about trademark law.

You're right about that.

Is Bob aware that he may be able to request Justice Ramos to order facilitative mediation? This case appears quite suitable for mediation and I believe the judge will agree. It might be a strategy that could stop the cash hemorrhage or at least slow the bleeding. Pass that on to Bob please.

I just emailed your post to Bob.

 

[lucaspa]

as the law is used as a weapon to silence God’s word that He is our Creator.

Actually, it doesn't do that at all. God's word and that God is our Creator is proclaimed in tens of thousands of churches weekly. All it will do is stop Enyart from making a mockery of Science Friday on NPR. He can name his show something else.

* Something About Elmo: The voice of “Sesame Street” character “Elmo” has resigned in light of allegations that he’s a child molester. Reason number 613 NOT to allow Sesame Street into your home!

WOW! What a non sequitor. You do realize that the guy who does the voice acting doesn't write the show, don't you? Apparently you don't want to allow education, tolerance, and coping skills into your home.

* Happy Thanksgiving: On the occasion of this true Christian original, the American Thanksgiving Day holiday,

It's not a "Christian original". It's a very secular holiday celebrating the harvest and that the Pilgrims were not going to starve in the coming winter. The closest holiday is the pagan holiday of Lugnassadh. Yes, we as Christians thank God, but that does not make it a Christian holiday. Claiming things as Christian that are not simply discredits Christianity.

BTW, many of the Christians starved anyway and they repaid the generosity of the Indians by wiping out their tribe -- genocide. I don't think you want to make that association to Christianity. At least, I hope you don't.

 

[lucaspa]

People sue at the drop of a hat. Ridiculous.

With all respect, this is more than "the drop of a hat". Go to the Real Science Friday website and the first text you see is:

"Don't Be Fooled by NPR's parody titled Science Friday Welcome to the REAL Science Friday with co-hosts Fred Williams and Bob Enyart "

There is an obvious attempt to do harm to NPR's Science Friday. After all, the NPR show started years and years before Real Science Friday. It is Enyart who is doing the parody. NPR could have sued for defamation of character and libel, too.

Isn't one of the Commandments about false witness? If we can't sue to stop false witness, then we really don't have much of a "Christian nation", do we? You can't have it both way.

 

[Nathon Detroit]

Isn't one of the Commandments about false witness? If we can't sue to stop false witness, then we really don't have much of a "Christian nation", do we? You can't have it both way.

Where does bearing false witness come into play? :idunno:

 

[fool]

Is Bob fighting this?
Seems like all he has to do is prove that his science is real while theirs isn't.
It'll be the Monkey Trial of the 21st century.

 

[Doormat]

Is Bob fighting this?

Based on Jefferson's comments I think we can assume he is consulting with an attorney.

Seems like all he has to do is prove that his science is real while theirs isn't.

That's not what the case is about. You can go to the New York Supreme Court website, look up the case under Bob's name, and read the complaint. There are several causes of action listed, but none that would lead to such a contest.

It'll be the Monkey Trial of the 21st century.

Not a chance of it. And keep in mind 98% of cases settle and never go to verdict.

 

[Doormat]

With all respect, this is more than "the drop of a hat". Go to the Real Science Friday website and the first text you see is:

"Don't Be Fooled by NPR's parody titled Science Friday Welcome to the REAL Science Friday with co-hosts Fred Williams and Bob Enyart "

Is that worth hundreds of thousands of dollars in legal fees, costs to taxpayers, and potentially millions in penalties? I think not.

It seems to me that Bob is obviously implying that his show title is a parody of Real Science on NPR, but "real science" is also a phrase in common use meaning excellent science to some. It's likely that if Bob makes a parody defense he will have several affidavits from witnesses that his intent with the show title was parody.

There is an obvious attempt to do harm to NPR's Science Friday. After all, the NPR show started years and years before Real Science Friday. It is Enyart who is doing the parody. NPR could have sued for defamation of character and libel, too.

How was Science Friday actually damaged?

Isn't one of the Commandments about false witness? If we can't sue to stop false witness, then we really don't have much of a "Christian nation", do we? You can't have it both way.

What about turn the cheek? Shouldn't Ira Flatow just let this go and forgive Bob?