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Oh Gosh, What Do I Do?


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#1 full auto 45

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Posted 15 July 2005 - 08:19 AM

Here is a actual email I received this morning. After my sides stopped hurting, I thought I would let all to see. Any attorneys want to contact her? She needs to have her son use spell check for her.

QUOTE
----- Original Message -----
From: missliss1969@comcast.net
To: mike@mikesmachineguns.com
Sent: Thursday, July 14, 2005 9:44 PM
Subject: your barney vidio death of barney


Dear Mike;

I only have one question for you but I won't ask you that question until you have read my story.

My son Travis is a 14-year old quadrapaligic with spastic cerebral palsy.  Everyone told me every since he was a year old that he would be a vegetable for the rest of his life and would never be able to do anything ever except sit there.

At the age of 2 he started watching the kids TV show Barney.  Now keep in mind that I am aware that there are people that don't care for the big purple dinosoar
but that is irrelivent and in my opinion people should keep that to themselves.

Barney has taught my son more education than any teacher ever has.  He is now a computer wiz and is most likely smarter than you and I are put together.  Which explains why he was able to access your web-site after wanting to see an innocent Barney video.

Still today at the age of 14 he is still Barney is still his best friend and still watches him on a daily basis.  As I was getting ready for work this morning I heard my son start to scream like he was being murdered.  He had clicked on your death of Barney video and his whole world ended.  I was appalled when I replayed the video to see what he was so upset about. 

In know that you aren't the only one that puts the hate Barney things on the Internet but yours is the only one that comes up when you do Barney video search on yahoo.  So for that reason I am going to take this out on you.

Now the question I have for you is DO YOU WANT TO BE SUED. This is exactly what is going to happen now that my son is devastated and thinks that Barney is no longer.  I might even take it to the media and get them involved, great advertisement for your business ya think.  So I will be back up on your site on Monday and if that ad is not taken off by then,  you will be talking to my lawyer and may even see me on prime time with your business name and a copy of the video to show to the world.

Please by all means let me know what you think about this email and if you think I can't do what I say I am going to do then think again.  When it comes to my son and his well being you have a fight on your hands.

Thank you and I will look forward to seeing a Barney free site at mikesmachineguns.com.

Sincerely:

Melissa
an outraged mother

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#2 Lancer

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Posted 15 July 2005 - 08:28 AM

Ok guys, fess up. Who sent Mike the E-mail? ph34r.gif If this is real, it's even funnier! laugh.gif
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#3 TommyGunner

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Posted 15 July 2005 - 09:45 AM

OMG! Aside from her son having cereberal palsy this is some funny stuff. If she is so concerned about the content that her son views on the internet I wonder why she gives him unfettered access to yahoo search results. Just because he is searching for "barney video" does not necissarily mean that only video's of purple dinosaurs will come up. All you would need is some porn star to be named Barney and guess what would come up! Perhaps she is just displacing her anger at herself for failing to police her son's internet access effectivley and she must know that is soley her responsibility.

Mike...there is something you could do to keep some kids off of your sight. meta name="rating" content="over 18" If you place this code in your meta...it will ban some browsers that have parental controls installed. I have this code in my website and cannot access it from my neighbors kids computers which use aol partental controls.

It is just a suggestion...I do not think you need to do this unless you just want to be "nice".

Besides it would look good for the business that this woman thinks you are running with your free video/info site.

" Now keep in mind that I am aware that there are people that don't care for the big purple dinosoar
but that is irrelivent and in my opinion people should keep that to themselves." Who needs fredom of speech anyway.

"Barney has taught my son more education than any teacher ever has. He is now a computer wiz and is most likely smarter than you and I are put together. Which explains why he was able to access your web-site after wanting to see an innocent Barney video." WOW Barney taugth her son to be a computer wiz! This lady is totally wacked!


I do not think anyone will give her the time of day on this...but is possible she could get seven on her side if some nutcase in the press sheds a tear over it.

Hatemail Sent,

Damon
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#4 Warden

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Posted 15 July 2005 - 10:16 AM

Shes an idiot. tongue.gif
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#5 OldFalGuy

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Posted 15 July 2005 - 10:56 AM

The main legal aspect of this is who is in a better position to avoid the preceived harm- Mike could remove it but that is a 1st amendment expression issue and there are other sites with the same vid so any acts by Mike are in essence moot so matter what she says, the kiddo will hit one of them some day. On the other hand as pointed out above, the mother could block the site and that is what the decision would end up being. Another question is the matter of jurisdiction, does she live in Indiana, 1 in 50 chance I reckon. Put the meta block in and don't respond to this person even to tell her she can block the site- Let somelese do that for you in a round about way.

Mark
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#6 TOMMY SMG

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Posted 15 July 2005 - 11:51 AM

DEAR MIKE,

SHE IS A "DUMB-ASS", DON'T WORRY ABOUT THAT BITCH. IF SHE CAN'T CONTROL HIM, MAYBE SHE NEEDS TO KEEP HIM A LEASH SO HE CAN'T MAKE-IT TO THE COMPUTER TO SEE YOUR GREAT VIDEOS. dry.gif

I THINK THE BARNEY YOU USED WAS TO SMALL, ON THE NEXT "BARNEY VIDEO" USE ONE ABOUT FIVE FOOT TALL. (MORE STUFFING TO FLY AND MORE THOMPSON ACTION) laugh.gif

YOUR FRIEND,

JIM smile.gif

PS: I'M SURE I'M NOT THE ONLY ONE THINKING THIS........
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#7 Bill in VA

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Posted 15 July 2005 - 12:55 PM

IMHO, this "Melissa" is yanking your chain.
Her story doesn't add up... a quadraplegic? If all four limbs are paralyzed, how does he navigate the 'net"??? I mean, Steven Hawkings may have a gizmo to allow him to navigate the 'net with his eye movements, but I doubt those things are affordable enough for any family to get one for their 14 year old quadraplegic child, and I further doubt many charitable organizations would hand them out either. And if this kid is smart enough to navigate the 'net, and he's smarter than you and his mother (per her own words) how could he not know Barney isn't real? Let alone the fact that your Barney is much smaller than the Barney we all know and love so dearly. (insert sarcasm here.) Moreover, cerebral palsy is a disorder than affects body movement and mucle coordination...motor control. It doesn't generally make it's patients retarded.
Even if her story is true, I fail to see how she could sucessfully sue you unless she can prove damages. Extremely doubtful. (Again, by her own admission, too many Barney spoof sites out there.) It seems the creator of Barney might a better case against you (and the other thousands of Barney spoofers) than she does. In short, I wouldn't sweat it.
Last, I LMFAO at your video. It's a riot!
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#8 45wheelgun

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Posted 15 July 2005 - 01:00 PM

Not only is she nuts, but she is lying as well. I did both a google search and a yahoo search, and your website doesn't come up in the first 100 hits searching on "Barney Video". It also isn't on the first page of 281,000 hits when you search "Kill Barney Video".

She is making this up. Probably someone forwarded her the link, and she didn't like it. Probably doesn't even have a kid.

I think you should kill SpongeBob next.....
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#9 Hawkeye_Joe

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Posted 15 July 2005 - 01:16 PM

God no !!.. not Spongebob...he'd be sued by the "Gay Pride Coalition" for sure....

Can you say "Hate Crime"??

laugh.gif laugh.gif
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#10 Sgt

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Posted 15 July 2005 - 01:21 PM

That's the sort of thing that burns my butt! The child's internet searches should be supervised, plain and simple. Parents who feel protective of their children err when they allow just any downloads. One look at your site and link to Barney, should make it obvious that this is meant for adults, not sensitive children. I don't think you are in the wrong on this one, but definitely get some feedback from your lawyer, because it's a strange world out there. I think I'll go buy some really hot coffee from McDonalds.

PS. Anyone every watch adult swim? I know that cartoon characters encounter all kinds of adult situations on that show. I was so devistated when Boo Boo murdered Yogi.
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#11 Ron Mills

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Posted 15 July 2005 - 01:22 PM

She sure didn't say anything about suing The Nation of Islam or Bin Laden personally for 9/11, did she???
It's time for her PROZACSICLE.
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#12 Sgt

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Posted 15 July 2005 - 01:49 PM

Mike-- Looks like you weren't the only one who became the target of Barney's wrath. In fact, it appears to be a cottage industry. Check out the last link. It addresses similar issues that you face, drafted in a letter to the party in question.

I just did a search on the word Barney and look what I found:
http://www.jihad.net/
(Under the benevolent guise of the children's television host Barney the Dinosaur, B'harne seeks to destroy the minds of children and adults and bind them to his tyrranical will. )

http://www.idleworm....gms/brnym.shtml
A game using Barney as a mine sweeper.

http://www.grudge-ma...ey-wesley.shtml
A grudgematch between Ensign Wesley Crusher and Barney the Dino. Also a court case about intellectual property rights, in using Barney.

http://www.dustyfeet...l/parasite.html
More legal stuff. THE BARNEY CREATURE THEN CHANGED TACTICS, figuring that if it couldn't beat a single opponent, it might have better luck again a multitude, so it sent out inane but scary legal notices against websites, threatening suit for trademark and copyright infringement. A legal analysis of these absurdities is here. These succeeded in scaring enough people that the original version of this page now reads like a cemetery of dead links. But people who stood up to the Creature were able to face it down easily.

http://www.wired.com...2,44998,00.html
Nasty grams sent to websites to protect the Barney image from violent use.

http://www.dustyfeet.../nonlegal2.html
We must hear from you by March 4, 2002. Your response must provide written assurances by that [sic] you have ceased and desisted from reproducing, distributing, performing by means of digital audio transmission, or displaying the copyrighted character Barney.

http://www.dustyfeet...vil/legal2.html
Legal analysis and letter of response: I last wrote to you in July, 2001 because you sent a letter to the EFF making baseless threats of copyright infringement and trademark infringement based upon the existence of a parody of Barney on the EFF website. In clear and unequivocal language, I explained to you that parody was protected expression under the First Amendment and a recognized exception to both copyright and trademark law. I also pointed out that making baseless legal threats was a breach of your ethical duties as a licensed attorney in the State of New York. I advised you to immediately cease making these threats. You failed to respond to my letter.
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#13 DC Chris

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Posted 15 July 2005 - 06:01 PM

I too think this is a bit of BS, but if its not... man... this person needs to get a freaking life. There are really much more important things in life to worry about.

Chris.


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#14 deerslayer

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Posted 15 July 2005 - 09:56 PM

At he risk of offending any lawyers here, replace the barney video with a bullet spray of a lawyer doll (does anybody make a lawyer doll, maybe an old Ken doll in a suit with a little briefcase or perhaps even Barbie shouldn't be sexist of course). I don't know what you'd use for a theme song.
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#15 Roland, Headless Thompson Gunner

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Posted 15 July 2005 - 10:51 PM

Dear Mr. Full Auto 45,

We at WWW.AL-JEZZERA.COM feel compelled to let you know how much we enjoy your videos glorifying the destruction of godless western icons such as Santa Claus, evil computers and infidel pumpkins. But we, as rational, Allah faring men, who hold life so sacred, cannot condone your video of the destruction of our beloved purple one. Have you no humanity? Is there nothing sacred in this world?

Allah have mercy on your soul.

Your Muslim Friends.



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#16 John Jr

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Posted 15 July 2005 - 11:20 PM

Somebody send me a Barney. I will blow it up with tannerite and will foward the video to the woman. Your protected under the first amendment to provide your form of art on the internet. I will be the first to pay you for a signed copy of the disk which contains this video. Its just art. biggrin.gif


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#17 Zamm

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Posted 16 July 2005 - 02:24 AM

Mike,
Wow, Ya gotta love the internet dry.gif

Phil and Sgt. have the ticket. Say nothing, It's a clear case of a parody,
a protected freedom we all have.

Quote:
"In trademark law (which provides legal protection for brand names, such as "Volkswagon" or "The New York Times")--as in copyright law (which provides legal protection for works of authorship, such as music, books, and articles that appear in newspapers)--there is a doctrine known as "fair use," which allows someone other than the owner of the trademark or copyright to use or copy the owner's name or work, or a portion of it, for purposes of commentary, criticism and the like."

"Society places a value on commentary and criticism, as an essential element of free speech. Accordingly, it does not want laws like the copyright law or trademark law to discourage the creation of such works of criticism. Since commentary and criticism often requires some copying of the work that is its subject, the courts have created a legal safety valve that allows some degree of use, notwithstanding an owner's trademark or copyright rights."

"One popular form of commentary or criticism involves the creation of a work that directly reflects another's trademark or copyrighted work. This reflection is called a parody, which, at its best, uses humor or irony to make its point. The commentary or criticism in a parody is often directed back at the work being reflected in the parody."


If indeed she's legit, you have nothing to worry about.
Probably just a kook with too much time on thier hands.
Best, Z
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#18 Bill in VA

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Posted 16 July 2005 - 07:06 AM

QUOTE (deerslayer @ Jul 15 2005, 09:56 PM)
At he risk of offending any lawyers here, replace the barney video with a bullet spray of a lawyer doll ... I don't know what you'd use for a theme song.

How about the theme from Ironsides? Or LA Law?
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#19 full auto 45

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Posted 16 July 2005 - 07:56 AM

I could change the name of the video to "For God's sake, don't let your underage smarter then you child watch this destructive video of death". Or "Not for your children to view". I could offer to take up a Barney collection and send to this so called parent. I could see it now, door bell rings and a UPS or postal guy says "good morning be-atch, I have a delivery for you." There he stands with 500 purple dolls of stupidity!
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#20 TM76

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Posted 16 July 2005 - 01:00 PM


Mike
You can maybe tell her that Barney didn't die in that video , it was a "stand in doll " that got blown away.

Mike
Keep a eye out for two packages heading your way.

See Ya
Tino
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