Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

>Perhaps Cinderella was a poor example due to its origins as a folk tale.

I used Cinderella specifically, bc my understanding is the folk tale was very unlike (violent, gory, ect...) the Disney version tailored for children.

In general satire is a much easier and obvious legal analysis as well. Say for example South Park's episodes with Mickey (although more of a Trademark issue than copyright), more on point with copyright is South Park's Star Wars episodes. However, to answer your question, is it possible to make a non-satirical Mickey story that does not violate Disney Trademarks? The answer is yes, but admittedly much more difficult and likely to infringe than a satirical story.

>Hackers tend to view any involvement of the courts as a failure.

As a lawyer, I see lawsuits as a cost of doing business and inevitable for any successful enterprise. I would encourage all hackers, especially, to view lawsuits in the same light (e.g. I am not successful until I get sued). I say this because hackers particularly set out to disrupt established industries, take Uber or AirBnB as good examples, but even YC itself has been sued, that is not a failure that is the cost of success.

> At some point, the public deserve to own their own culture, not megalithic corporations.

This is simply where we disagree, I am not saying you are wrong by any means, because I do not think their is a right answer, your point is sincere and well reasoned. My counter, is that the free market decides. Moreover, if Mickey is not going to win in the market place because society wants to take the character and run with it open source style, well then Mickey will lose in favor of another cartoon Mouse created by an pro open source artist, but I would say the reason Mickey became a cultural icon is because of the tight control of the story and character vis-a-vis Disney ownership/investment. In contrast and in support of your position Japan has a thriving culture based open source character, where even iconic corporate mascots are adopted by the public and the public creates their own stories, comics, commercial products, virtual concerts, ect...



Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: