September 6, 2009
Posted by Bill Herman
Herman v. MTA: Rumors Already Flying
The MTA is so zealous in their enforcement of trademark and copyright that, at least according to one blogger, they’ve already censored me.
That was news to me, but it wouldn’t have surprised anybody if it were true. Here’s what is:
On July 25, I uploaded this design to CafePress:
CafePress took down the design within 30 minutes (and over a weekend)–presumably before the MTA could contact them.
When I emailed CafePress, they helpfully provided me the name and contact info of the MTA lawyer with whom I could take up the matter. The fact that this info is available to the CafePress help desk is scary–it suggests that the MTA attorney is very regularly contacting them.
Then yesterday, I saw the following tweet from NYCPhotoRights: “New post: MTA Censors Another Parody (http://cli.gs/1X0XX)” That user had also just started following me, but Tina and I were busy getting ready for our Labor Day Weekend BBQ and I didn’t follow the link.
The link is to this NYC Photo Rights blog entry, which shows a picture of my design under the same headline. I may be misreading the post, but it appears the blogger thought the MTA played a direct role. I posted a comment there correcting the mistake.
For the record, I have not as of yet been contacted by the MTA. I hope (though I have absolutely no faith) that they will not contact me simply for posting my design as part of a discussion about their preposterous over-enforcement of their trademark rights.
I have, however, emailed attorney and blawger Ron Coleman. I can’t pay him to take the case, which puts a damper on the odds that he’ll take on the MTA for me, but it doesn’t hurt to ask. After all, he’s publicly grousing about other clients who wouldn’t take it to court.
I think this is already an interesting story on a number of levels… Being publicly labeled as a victim of MTA censorship is just the latest addition to the list.
Incidentally, I have other ideas for T shirts that are much more directly critical of the MTA:
*Where the (F) is my train?
*MTA to NYC: (F) (U)
*MTA to NYC: (W)(E) O(W)(N) (U)
I know, it ain’t Shakespeare, but I think it’s clearly protected speech.
1 Comments
September 7, 2009
We have been following the MTA story for some time ever since this incident ( http://www.flickr.com/groups/nycsubway/discuss/72157621561618792/ ) came to our attention. Thank you for the correction but it does appear that MTA either has issued standing orders to Cafepress or their staff is scanning the net looking for offending images. Either way this takedown followed a similar pattern…
Sorry, comments for this entry are closed at this time.