In case you’ve missed it, Sony is trying to take down long-time blogger, Jason Kottke, because he posted a tiny audio sample of a question from Jeopardy. OK, sure, Sony owns Jeopardy and they have the right to their intellectual property. We can all agree on that.
However, you could easily argue fair use for the audio clip because:
1. Kottke is not making money from thisit is not for profit.
2. It is not negatively impacting Sony’s ability to make money.
3. It is only tiny percentage of the original work.
4. This use causes zero confusion in the marketplace (i.e. everyone knows Kottke is not Sony).
However, let’s put that aside for a moment. Kottke took down the audio file after Sony legal contacted him. He substituted it with a short transcript of the Jeopardy question. Sony hit him again with legal action!
Clearly, they are upset about the fact that Kottke reported earlier this year on when the record-setting Ken Jennings would lose (Kottke got a tip from someone in the audience who was there). That had to hurt Sony, and I guess since Sony couldn’t sue Kottke for that, they went after him for this absurd copyright infringement case.
Sony, you’re being a bully, and you’re picking a fight with your customersyou’re gonna lose.
How ironic is it that the company that pitches itself as an enabler of digital creativity is trying to destroy the lives of the digitally creative! It’s sickening. I can only assume these are the actions of some slimy lawyer in some plush office somewhere. A lawyer who is very out of touch with the philosophy of Morita-san, Ogha-san and Idei-san (right with Kottke on left). I worked for Sony, I lived the philosophy. This is not the Sony philosophy.
Whoever you are, lawyer, you should take a deep, long look at yourself in the mirror. After this not only will you lack a soul, but you probably will lack a job. What makes you people tick anyway? Do you get off on ruining someone’s life? Was restricting freedom of speech and creativity your goal when you went to law school? Really.
Kottke is a fan of the showheck we’re are all fans of the show! Who doesn’t love Jeopardy?!? Kottke putting up the clip or the transcript is like him telling a Jeopardy story at a cocktail party. You should pay him, not persecute him! Wake up Sony, the “Digital Dream Kids” have arrived, and this is how your treat them?!
I buy at least $5,000 worth of Sony product a year (I’m not kidding, I only buy Sony and I buy a lot of it). However, starting today, and until Sony drops this, issues an apology and pays for Kottke’s legal bills, I’m not going to buy another Sony product.
If you agree with my position on this and want to send Sony a message that they can not bully the people’s mediumbloggingthen link to this post and/or sign your name in the comments.
If someone wants to make a logo that says “Boycott Sony” feel free to send it to me at jason at calacanis dot com.
PS – Perhaps Sony will never advertise with me again after I’ve taken a stance like this. You know what? I don’t really care. I loved Sony ever since I worked at 550 Madison, and if you treat the Sony brand and bloggers this way I don’t want your money. In fact, I’d be shocked if you could ever buy an ad on a blog ever again after this behavior. You really should be ashamed of yourselves. I’m very proud of my time at Sony, but right now I’m ashamed to be a Sony Alumnus.