Ono Expelled

| 118 Comments

The newswires report that the judge in the case has ruled that the use of copyrighted materials in the movie Expelled is protected by the “Fair Use” doctrine and that the request for preliminary injunction has been lifted.

NEW YORK — Yoko Ono has lost her Manhattan legal battle to block the use of John Lennon’s song “Imagine” in a film challenging the theory of evolution.

Lennon’s widow had sued the makers of “Expelled: No Intelligence Allowed,” saying they used parts of the song without her permission.

In a decision Monday, federal Judge Sidney Stein says the filmmakers are protected under the “fair use” doctrine. That permits small parts of a copyrighted work to be used without an author’s permission under certain circumstances.

118 Comments

Oh well, I guess it doesn’t matter too much anymore. The film has all but disappeared already. Meanwhile, Indiana Jones grossed 126 million in the first week it was out. I guess he is more popular than Jesus (oops, I mean the designer).

Any word yet on the Harvard lawsuit?

Fair Use section 107: “…for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research,”

hmmm… doesn’t that mean criticism of the piece itself, not criticism of some other piece (in this case, the Meyers qutoe?) At leas they don’t pretend that it’s news reporting, teaching, scholarship or research. As for fair use for purpose of “comment”… well, that covers just about anything the court wants it to cover, doesn’t it?

“Moreover, defendants have established for purposes of this motion that the movie contributes to the broader public interest by stimulating debate on an issue of current political concern. “ oh, this is an amusing finding… I’d guess this is where the appeal should strike.

I almost wish I’d never read the decision. I had little enough faith in the justice system in this country.

Well, let’s lighten things up a bit. Here are some blasts from the past regarding Ono’s lawsuit, back when folks were in a more celebratory mood.

NOW they (the producers of Expelled) are in trouble… –Andrea Bottaro

Seriously, think about it - with all the apparent deception and documentation thereof going on here, it seems to me like in addition to big monetary damages someone could also do some jail time. –Mattus Maximus

A cunning plan Balderick. Bless the IDiots turnip-loving hearts for providing us with such amusement! –Dr. Bryan Grieg Fry

Evolution and science are one thing, but you don’t mess with Yoko Ono. Everybody knows that. Them boys are in some deep stuff man!! –386sx

I’m assuming that this means that Rocky Mountain won’t be making a big fuss when people start posting clips from “Expelled” on U-tube alongside critical commentary about what insipid dreck it is.

Um, Right?

I think it’s just as well. Better that the movie fails over its lies and terrible science/history, than because of copyright issues over a song which has absolutely nothing to do with science/history.

Defenders of the film wont be able to claim the movie was “censored” because of this Yoko Ono business, but the scientific claims were valid.

Remember that the lawsuit is not over, just that the judge rejected preliminary injunction.

Ah, so the lawsuit is still on? Just Expelled is allowed to be shown in theaters, more if they so choose?

Perhaps the lawyers for Ono/Lennon should have focused on the reason for the copyright law’s existence (“Progress of Science and useful Arts” as quoted several times by Judge Stein) rather than the specifics of fair use!

Activist Judge - ruling in favor of the film makers in spite of the overwhelming evidence. Legislating from the bench.

Dark day for justice and for law.

We’ll have to see how the rest of the lawsuit plays out, but on the bright side if the lawsuit decides against Expelled in finality, they’ll be in even deeper trouble.

Cue IDiots misreading the report and gloating…

doridoidae said:

Fair Use section 107: “…for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research,”

hmmm… doesn’t that mean criticism of the piece itself, not criticism of some other piece (in this case, the Meyers qutoe?) At leas they don’t pretend that it’s news reporting, teaching, scholarship or research. As for fair use for purpose of “comment”… well, that covers just about anything the court wants it to cover, doesn’t it?

“Moreover, defendants have established for purposes of this motion that the movie contributes to the broader public interest by stimulating debate on an issue of current political concern. “ oh, this is an amusing finding… I’d guess this is where the appeal should strike.

I almost wish I’d never read the decision. I had little enough faith in the justice system in this country.

How about the Dover decision?

Nice ScottBot parody there, JJ.

I’m glad that the ruling came down as it did. I mean, things will work the other way when we take clips from the movie and rebut them right? It’s a two way street.

There is some irony in trying to protect the IP of a song which urges us to “imagine no posessions”.

Expelled has many reasons to fail. This frivolous IP suit by Ono is not one of them.

federal Judge Sidney Stein

Really…

They aren’t related.

I’m glad that the ruling came down as it did. I mean, things will work the other way when we take clips from the movie and rebut them right?

Maybe si, maybe no. Guess you’ll find out if your fellow evolutionists are up to the challenge.

One thing’s for sure Things get SOOOOO much more interesting when you guys can no longer rely on ye olde evolutionist judges to do ye olde dirty work!

FL

Given that “Expelled” is now playing on all of forty-one screens, even if every creationist in America wanted to celebrate by going out to see it, they’d have hundreds of miles to drive.

FL said:

One thing’s for sure Things get SOOOOO much more interesting when you guys can no longer rely on ye olde evolutionist judges to do ye olde dirty work!

FL

Excuse my ignorance, but what the hell does this suit have to do with evolution? The movie is still a complete fraud Ono or no Ono.

Notice the name. It’s conspiracy of people named stein!

Well this from the ruling is rather nice:

“II. FINDINGS OF FACT “Expelled” is a feature-length (one hour, thirty-nine minute long) nationally released theatrical movie that addresses what it characterizes as a debate between proponents of intelligent design and the scientific theory of evolution.”

So no question of Intelligent Design being a scientific theory then .….

It’s interesting how FL hadn’t been heard from for a while, when the news about EXPELLED was so bad. Now, with this bit of good news, he/she is back. Welcome back FL. Too bad EXPELLED fizzled, huh? The Indiana Jones movie had aliens. Maybe they were the designers.

Scientific update: still no data presented in a single peer-reviewed scientific research paper supporting intelligent design.

;-)

That’s because the data is sealed in a super-secret bunker where we can’t get at it! You know its bomb-droppingly good if it’s sealed in Area 51. Hey.… maybe it IS sealed in Area 51..!

Tsk tsk, Karl, don’t you know it’s all due to suppression by the Global Darwinist Conspiracy™?

;-D

Martin Wagner Wrote:

They aren’t related.

So you deny common descent? ;-)

BTW, whatever happened to Charlie and his “evolutionary lawn”?

Sometimes I still forget that I can google.

For another coincidence, note the dedication to a Bob Stein.

Hm. Preliminary finding…

Though, I find it hard to believe on the face of it. There is the copyright of Lennon the song writer and there is the performance copyright of Lennon the performer. THere doesn’t seem to be anything in EXPELLED critiquing Lennon’s oerformance.…

The utopia described in Lennon’s song Imagine has all good Xian values. So the only difference between that and a xian utopia would be rhetoric. The people in the xian utopia would be praising Jesus and God constantly. But fundie preachers always say that being good is not enough, you have to be good for the right reasons. So Lennon’s utopia is no good in the eyes of these righteous lifers.

Not a surprising decision and not a depressing one either, noting that Expelled is failing on its own merits. Nor would the film’s reputation enjoy much favorable notoriety from the opposite decision.

My opinion is that it is a much cleaner kill without all the falderal that a drawn out court drama would impose.

Also, it is a decision that favors the unlicensed use of short excerpts of copyrighted material for certain purposes. Such favoritism falls on the just as well as the unjust.

E Pluribus Unum

Mike M said:

Contrast this with the decision made by Judge Jones, and the ID/Creationist reaction to it. They screamed, ranted, raved, made death threats, accusations, and generally went into the mother-of-all hissy-fits which seemed like it would never end.

Speaks volumes for the types of people involved on the two sides, don’t you think?

Er, has anyone reported the responses of Ms. Ono and the Lennon brothers yet?

blackant said:

Amazing how you can comment blood libels like Ben Stein and restart a flagging career.

blackant said:

Oops, I meant “commit” blood libels

It works both ways, as Stein made a “d’oh-commentary”.

Pierce R. Butler Wrote:

Er, has anyone reported the responses of Ms. Ono and the Lennon brothers yet?

(showing my age, or 30 years more) I don’t know about the Lennon brothers, but the Lennon Sisters think it’s wun’erful wun’erful. ;-)

THE RELIGION OF EVOLUTIONISM’S IRON GRIP ON AMERICA’S INSTITUTIONS VIA THE COURTS IS COMING TO AN END. THIS IS ONLY THE BEGINNING. DOVER WAS THE LAST VICTORY FOR THE GODLESS. NOW THE TIDE HAS TURNED! THE GOD-FEARING MAJORITY WILL TAKE THE COUNTRY BACK! WE WILL BECOME THE INSTRUMENT OF HIS JUSTICE AGAINST GODLESS EVOLUTIONISM AND ALL OF THE DISGUSTING ABOMINATIONS IT SPAWNED SUCH AS ABORTION, MOVIES, SODOMY POROGRAPHY, LIQUOR, GAMBLING, AND DANCING! EVOLUTIONISTS WILL HAVE TO CONFESS WITH THEIR MOUTHS THE LORD JESUS CHRIST AND BELIEVE IN THEIR HEARTS THAT GOD HATH RAISED HIM FROM THE DEAD OR ELSE! WE WILL HAVE PZ MYERS ON HIS KNEES, AND MAYBE EVEN RICHARD DAWKINS TOO! (WE WILL HAVE HIS SIDE OF THE POND IN TIME AS WELL!)

Memo to Joyboy: Your side lost this one legal decision.

Get over it. (Hopefully, you’ll lose in Louisiana too!)

FL :)

Umm, FL, joyboy reads like he’s aligned with you.

Why are the rabid creationists always incapable of punctuation and paragraphs?

Joyboy:

First - TURN OFF THE CAPS!

On the internet, a post in all caps is invariably viewed as a shorthand for “You should skip me right now, I was written by an semiliterate idiot”. Despite it’s apparent accuracy, you probably don’t want to telegraph that idea right out of the gate.

Also, regardless of joy you might get from perceiving yourself to be yelling at the godless heathens, using all upper case actually makes your screed even less intelligible - if that’s even possible. Typefaces are intelligently designed like that, with lower case more readable for block text.

Secondly, that funny L-shaped key marked “enter” is used for making “paragraphs”.

“Paragraphs” are used to break your thoughts into coherent pieces, so that your screed is readable, or at least somewhat more readable.

If you actually find that you have any coherent thoughts, you would use the key like this (Enter)

And put the new thought here. (Enter)

See how easy that is?

joyboy said:

…ALL OF THE DISGUSTING ABOMINATIONS IT SPAWNED SUCH AS ABORTION, MOVIES, SODOMY POROGRAPHY, LIQUOR, GAMBLING, AND DANCING!

Ok, I’m a 56 year old man so the abortion thing is out.

But the rest of that sounds like a pretty good weekend. ;)

Cheryl and stevaroni:

For once I agree with FL. I think joyboy is a “Darwinist,” maybe even an atheist, just having fun.

I can have fun too: Ono lost because God is fed up with you “Darwinists.” “Darwinism” gave us the music of the devil, rock & roll, and God is taking action. Bo Diddley left the building this week. I don’t think Pat Robertson would call that a coincidence. Y’all better start learning to say, “a-one-and-a-two…” ;-)

If joyboy’s spoofing the creos, he’s rather consistent about it: http://www.pandasthumb.org/archives[…]mment-156171 http://www.pandasthumb.org/archives[…]mment-153699

Is this some variant of Poe’s Law?

[/offtopic]

Evolution is responsible for movies and dancing? Joyboy clearly has to be a parody. Plus he spelled PZ Myers correctly. That’s a dead giveaway.

For once I agree with FL. I think joyboy is a “Darwinist,” maybe even an atheist, just having fun.

Or a halfway literate creobot having fun pretending to be a normal creobot.

*&%$! Poe’s law at its finest.

For once I agree with FL. I think joyboy is a “Darwinist,” maybe even an atheist, just having fun.

Or a halfway literate creobot having fun pretending to be a normal creobot.

*&%$! Poe’s law at its finest.

Joyboy has to be a parody. The comment at the end about the other side of the pond clinches it.

Parody… he spelled PZ’s last name correctly.

I think joyboy has captured something important. Creationists threaten us with eternal damnation, we threaten them with fact and logic, and both of our chosen weapons pass right through the other like smoke.

If I’m not mistaken, all of the activities referenced by JoyBoy are found within the pages of the Bible and have been practiced by one or more of the “moral majority” referenced therein, no?

FL stands for ‘Flawed Logic’ or ‘Flailing Longjohns ‘. Or perhaps it is just short for FLOOD. Imagine a World without Trolls.…

Romartus said:

FL stands for ‘Flawed Logic’ or ‘Flailing Longjohns ‘. Or perhaps it is just short for FLOOD.

I thought it was Flapping Lips.

DavidK said:

If I’m not mistaken, all of the activities referenced by JoyBoy are found within the pages of the Bible and have been practiced by one or more of the “moral majority” referenced therein, no?

No movies mentioned in Bible. Plenty of wine (going back to Genesis 19:32, when Lot’s daughter’s got him drunk so that they could fuck him) but I don’t recall liquor. Gambling yes … the Roman soldiers cast lots for Jesus’ clothing after his crucifixion (Matthew 27:35; Mark 15:24; Luke 23:34). Dancing yes: very favorably … David did a lot of dancing.

Dan said: … No movies mentioned in Bible. Plenty of wine (going back to Genesis 19:32, when Lot’s daughter’s got him drunk so that they could fuck him) …

You missed one (utterly well-earned) toot in Genesis 9:20-21:

And Noah began to be an husbandman, and he planted a vineyard: And he drank of the wine, and was drunken; and he was uncovered within his tent.

Joshua Zelinsky said:

Joyboy has to be a parody. The comment at the end about the other side of the pond clinches it.

Heh! I called “poe” on Joyboy weeks ago! :-)

You missed one (utterly well-earned) toot in Genesis 9:20-21:

Very weird passage, by the way; Noah ties a load on (no problem there, I certainly would after all he went through) and passes out naked and drunk (again, he who is sinless and all that…).

So anyway, his boys are walking by and see him there, and decide it’s undignified or something, and probably cold to boot, so one of them throws a blanket over pop.

So Noah wakes up the next morning and proceeds to dump a boxful of curses on his kid just for tucking him in.

And in the bible, curses are a pretty big deal.

No wonder I don’t get ye olde testament.

You were so sure all the profits would be given to the suit, no more distribution, no video sales, no rental income.

Hey! The troll Keith is back!

Hi Troll!

Don’t worry troll, in the long run it doesn’t matter anyhow, since there is no income likely to be coming off this pig anytime soon (or late, for that matter).

Stevaroni,

Noah curse’s goes to Ham and Cannan for not doing anything about his nakedness. The two who cover him up aren’t cursed. Also, in the ancient Middle East, seeing a parent naked was considered extremely disrespectful. Look at Leviticus 18 where where uncovering nakedness of relatives is connected with incest and other sexual crimes.

Stevaroni,

Noah curse’s goes to Ham and Cannan for not doing anything about his nakedness. The two who cover him up aren’t cursed. Also, in the ancient Middle East, seeing a parent naked was considered extremely disrespectful. Look at Leviticus 18 where where uncovering nakedness of relatives is connected with incest and other sexual crimes.

Cheryl Shepherd-Adams Wrote:

Is this some variant of Poe’s Law?

Does it matter now that “Expelled,” where Poe’s Law meets Godwin’s Law, is the latest in anti-evolution activism?

As you may have figured, I was just looking for an excuse to make this the first PT thread with 2 (this makes it 3) references to Lawrence Welk.

BTW, now that rock has suffered 2 consecutive defeats, Pat Boone (a real creationist, I think) might try for a second comeback. Maybe this time he should try rap instead of heavy metal.

Flint said:

Creationists threaten us with eternal damnation, we threaten them with fact and logic, and both of our chosen weapons pass right through the other like smoke.

Great metaphor.

Though indirectly our respective weapon works, as the cultural works attest to. The irony is that Lennon’s song wasn’t a weapon of fact and logic, but the defense of fair use was. [Sort of, as there was lawyering involved.]

Our side “does” better when we are on familiar ground - or maybe I should say that not all indirect support is helpful. In any case, science is pretty much alone in a society driven by other processes. The link to education should be strengthened, as well as new ones established.

Speaking of Lennon, where is the artists that speaks up for science and education, and how do we whip up support from the rest? Not everyone can be members of the scientology cult.

It kind of telling that many good magicians are at least good skeptics (Randi, Penn, Teller, Labero (IIRC), …). They need to be good technicians. I’ve got the impression that many scifi actors are skeptics too, due to an interest in technology. And when we have the great naturalists, like Attenborough.

I’m thinking that those groups of artists would have a self-interest in promoting education, technology, and science interests to enlarge their target public. It would be a long haul together, but worthwhile.

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This page contains a single entry by PvM published on June 2, 2008 11:57 AM.

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