January 29, 2006

The other shoe drops

Do you remember those halcyon days in 2003 when briefly MemeFirst vs Puma was the talk of the blogosphere? A lot of the talk centered on a conversation I had with Puma's Peter Kim, in which he said that "blogs are not a media outlet". Which didn't go down particularly well among certain blog entrepeneurs. Well, finally, Peter Kim now speaks!

Kim reveals that the infamous images were the product of "a small Eastern European agency affiliated with Saatchi & Saatchi" which created the ads on spec. He also says that:

  • Puma's lawyer, Peter Mastrostefano, got lots of emails after I published his cease-and-desist letter. I'm not clear what Kim means, however, when he says that the emails were "junk". Does he just mean that Mastrostefano got more spam than before, or does Kim mean that when people wrote to Mastrostefano to complain about his tactics, those emails were inherently worthless?
  • Kim thinks his comments to me "were twisted and miscontstrued". In what way? MemeFirst had a very clear First Amendment right to publish the pictures. Kim's comments to me were clearly aimed at convincing me that we had no such right. I don't think anybody misconstrued that.
  • "Online store sales were up like CRAZY for a couple of weeks". Now that's pretty funny.
Posted by Felix at 07:27 AM GMT
Comments
#1

Just to clarify:
"junk" email = spam, he apparently got signed up for a lot of strange lists

"miscontstrued" [sic] = would've been nice to have had a chance to clarify way back when - I'd add "mainstream" before "media outlet"; blogs vis-a-vis other sources e.g. NPR or Fox. Although blogs fuel the mainstream media today for better and worse (e.g. "Little Red Book" scandal at UMass), it's only a small percentage of the gen pop that gets its news directly from the blogosphere. Of course you have every right to publish anything you want and in the case of dispute have the right to due process!

business drives controversy = I look at Carl's Jr. and GoDaddy and chuckle. Why doesn't anyone think Coke Zero was on purpose?

Posted by: Peter Kim on January 29, 2006 11:42 PM
#2

Peter, now you're just being disingenuous. "Of course you have every right to publish anything you want" is most decidedly not what you were telling me three years ago. Rather, you were engaging in bully tactics by sending me a strongly-worded c&d. In case you've forgotten, here's what it says:

"If you fail to comply with these demands, please be assured that PUMA will vigorously protect its rights and will take all action necessary, including but not limited to, bringing a claim for damages and/ or injunctive relief."

Which is actually an utterly false statement: I failed to comply with your demands, and PUMA vigorously protected fuck bugger all. There was never any claim for damages, for injunctive relief, or for anything else.

A lot of c&d letters are like this: they seek to get people to capitulate without having to take them to court. And normally, such letters work -- most of the people who received that c&d did, in fact, take down the images, despite the fact that they weren't infringing your trademark and were within their First Amendment rights. One might even say that the main purpose of a c&d is to bypass the right to due process by bullyiing people into giving that right up.

As for your not having a chance to clarify way back when -- I can't say I feel much sympathy. You had my phone number and email address -- you could have got in touch at any point to give your point of view. Or you could have left a comment on MemeFirst. Or you could have published anything you liked on your own website. (As I pointed out at the time, it was very weird that the official Puma statement on the images only ever appeared in places like MemeFirst, and not on any Puma website.)

And Peter Mastrostefano has to deal with a lot of spam, just like the rest of us. This is noteworthy why?

Posted by: Felix on January 30, 2006 12:31 AM
#3

Back in the mid-nineties there was a Rector skate pad (knee pad) campaign with a really similar image...a hot girl in panties on her knees, wearing the pads. No BJ recipient in the pics, though, if I recall correctly. I think it appeared in Giant Robot.

Posted by: Glasgow on January 31, 2006 04:26 PM
#4

So it looks like we should be hitting Puma with a plagiarism suit.

Posted by: Claude de Bigny on February 1, 2006 01:22 PM
#5

The Rector ad spoofed/plagerized by Puma was itself borrowed from an old Santa Cruz skateboards 'Rob Roskopp' ad, which also got it's share of pos/neg attention, having been angrily pulled from Transworld magazine and leading to it's being glorified in the pages of arch nemesis Thrasher. (Oh the drama of the stuntwood publishing titans.)

There's only 12 scripts in tinsletown kids...

Posted by: bafc23 on February 3, 2006 12:41 AM