Sega lawyers harass YTMND
by Vladimir Cole 
{ Jan 12th 2007 at 3:27AM }
We saved this post for after midnight, because the linked-to content features some racy rap in response to a cease-and-desist letter Sega Europe allegedly sent to YTMND on January 11, 2007. (Click subsequent links herein at your own risk.) Sega's lawyers maintain that consumers "may be confused into believing that [Sonic-related YTMNDs are] in someway [sic] linked to or associated with [Sega]."
Ok, pop quiz time. Reader, tell us, are you confused between this site and this site? How about between this site and this site? Or this one and this one? Didn't think so.
Therefore, a little anger on the part of the YTMND community seems warranted. Sega just threw water an on oil fire. This response, in particular, seems particularly creative. Check it out, but brace yourself for some salty language.
We've left a voicemail with Sega Europe's legal department, we'll let you know if we hear back from them.
[Image credit: Flickr user Zacharo2000.]
Reader Comments (Page 1 of 1)
alexanderwales @ Jan 12th 2007 3:35AM
That rap song was so true ...
"Sonic hasn't been hot since Mortal Kombat 1"
Johnny @ Jan 12th 2007 4:14AM
stupid and unfocused.
theis piece went to babble on about some anti japanese anti homosexual crap.
Give the guy his 15 minutes and get him outta here.
I hate when a rapper cant stay topical.
Tim @ Jan 12th 2007 4:15AM
If I owned Sonic I'd probably do the same thing, so I can't blame Sega really.
alexanderwales @ Jan 12th 2007 4:17AM
If I owned Sonic I wouldn't keep shoveling out shit games.
Burnt Meatloaf @ Jan 12th 2007 4:18AM
Don't want to hurt your image? Don't f***ing threaten legal action against a site that specializes in parodies.
Markusdragon @ Jan 12th 2007 4:27AM
Ah, so the lawsuit happy Sega UK strikes again!
They claimed that they could prosecute The Pirates' Bay in a UK court, despite the fact that it was based in Sweeden (http://static.thepiratebay.org/sega_response2.txt); they have absolutely no idea when it comes to legal action.
Hannibal @ Jan 12th 2007 5:21AM
DZK is awesome. Go, go internets army!
fishamaphone @ Jan 12th 2007 6:48AM
Wow, I have to say, responses like this make me lose faith in our video game community. It's one thing for the YTMND people to be jackoffs... that's their job. They get to turn the internet into a middle school cafeteria where whoever comes up with the most penis jokes wins.
I had a little more faith in Joystiq. Kinda hoped they'd realize that, although they may be wrong, companies *do* have a right to attempt to protect their legal properties when they appear to be compromised.
Yes, cease-and-desists suck, but in most cases, there is legitimacy in them. Just because two websites look different doesn't mean that one can't be confused for the other. Just because you're more smarmy doesn't mean you're more right.
-1 to Joystiq.
PacoDG @ Jan 12th 2007 7:48AM
For the diggers http://digg.com/gaming_news/Sega_lawyers_harass_YTMND_You_re_The_Man_Now_Dog_com
I doubt the exposure will necessarily help ytmnd, but it wouldn't hurt, they are definitely one of the top funny and creative communities on the net.
Patrick @ Jan 12th 2007 8:49AM
Haha, love the Sonic/Giant Enemy Crab ytmnd.
Flute Suit @ Jan 12th 2007 9:43AM
Meh. He lost me when he started shoveling out racism and homophobia.
Getting all pissy at SoJ for something SoE did is like refusing to play God of War because of Kaz Hirai.
Bender @ Jan 12th 2007 12:55PM
If you don't own the IP you can't screw around with it in whichever way you like and then have a winge when the IP owner tells you to stop.
It sure would piss me off if one of my most well-known mascots was screwed with in this way.
Sure, it's funny, but Sega has a point. It's not a big deal.
Player1 @ Jan 12th 2007 10:32AM
Too bad for Sega that satire like that is protected. Unless they can prove that someone would actually confuse the two, they are out of luck on top of being a bunch of jerks.
Art Guy @ Jan 12th 2007 10:52AM
I can't understand YTMND. I've never seen anything on that site that wasn't annoying and unfunny.
I think you have to be under 15 to get it.
PacoDG @ Jan 12th 2007 11:48AM
Not annoying and extremely funny, I can watch and enjoy this for hours = http://ualuealuealeuale.ytmnd.com/ !!!
alexanderwales @ Jan 12th 2007 2:14PM
This falls under fair use as defined by the Copyright Act of 1976. There are four factors in fair use:
"(1) purpose and character of the use, including whether the use is commercially motivated or instead is for nonprofit educational purposes; (2) nature of the copyrighted work; (3) amount and substantiality of the portion used in the newly created work in relation to the copyrighted work; and (4) effect of the use upon the potential market for or value of the copyrighted work."
So we have a large degree of transformation and a small amount of copyrighted material used, combined with the fact that the website is non-commercial, and the reality that this isn't really going to affect sales ... unless of course Sega files a lawsuit, and then the site owner ("Max") puts the C&D letter on his website for the entire YTMND community to see, and then the story is picked up by every gaming blog on the planet.
Grant @ Jan 12th 2007 12:17PM
funniest.response.ever.
oh, and maybe SEGA Uk should have checked with SEGA US before they sent a cease and decist to be mocked on the internet. Maybe if they did, they would have learned that parody of trademarks/characters is perfectly legal in the states.
God bless America. lol
Axel @ Jan 12th 2007 4:12PM
I've never liked rap, but I found the entire thing to be very topical and extremely funny. Don't let your Sega fanboyism blind you from seeing a little humor in something.
bill pullman @ Jan 12th 2007 2:26PM
that was the lamest rap ever. it was well produced, and the timing was nice, but this nerd-rap thing has to go. it's just embarrassing.
CptCrash @ Jan 12th 2007 1:55PM
16: http://en.wikipedia.org/wiki/Fair_use#Fair_use_and_parody
icqpimp @ Jan 12th 2007 2:28PM
Nice. Simply nice.
icqpimp @ Jan 12th 2007 2:31PM
bill, go back to bein' the president. That was aright.
joe @ Jan 12th 2007 3:16PM
The only was #13 could not find something, anything, just one thing, funny on YTMND is if someone put a parody up about them/something related to them. Sorry dude, but humor comes in all forms.
KingOfGods @ Jan 12th 2007 2:51PM
I think the letter was in response to the URL more than anything else.
SonicGivesAdviceOnRape.ytmnsfw.com
They have every right to not want there IP affiliated with that subject.
alexanderwales @ Jan 12th 2007 4:08PM
@ 22
Of course they have the right to not want the website to exist; they don't, however, have the right to make it go away. Sega can't take any legal action (not successfully anyway). It's the same reason that McDonald's can't sue the movie "Supersize Me" - the fair use provision of the Copyright Act of 1976. (Granted, this is not highbrow humor or criticism - but it is protected.)
Chris Glass @ Jan 15th 2007 1:08PM
The sad part is that some of these really important and powerful messages might not reach today's youth through traditional Sega brand initiatives.
Sega should see this as a value-add for the franchise, and rethink how their actions might do more harm than good.
ManekiNeko @ Jan 12th 2007 7:47PM
The rap was great for the first thirty seconds... but then the recording artist got lazy and homophobic. Yeah, yeah, we've all heard the one about Sonic and Tails being gay lovers. It's been done before. Constantly.
If you're going to effectively bash SEGA, why not remind them of their traitorous approach to customer service, illustrated by countless pump-and-dump console launches? Has there been ANY game systems they've released in the past decade that they've supported for more than three years? (Answer: no.)
Now, anonymous rapper guy, get back in that studio, throw out the Ku Klux Krap, and do this song RIGHT.
JR