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Canon Tries To Shut Down "Fake" Canon Blog

Posted by kdawson on Sun Feb 15, 2009 02:25 PM
from the what-part-of-fake-do-you-not-understand dept.
Thomas Hawk writes "An interesting twist over at the Fake Chuck Westfall Blog. Fake Chuck (like Fake Steve before him) has a blog out parodying Canon's real Technical Information Advisor Chuck Westfall. It seems that Canon and their lawyers over at Loeb & Loeb are none too fond of all the fun that Fake Chuck and DSLR geeks everywhere have been having at their expense and have sent Fake Chuck's blog hosting company, WordPress, a notice to take the blog down. Canon's lawyers cite that Fake Chuck's blog is 'calculated to mislead recipients,' even though the blog has 'fake' in the title, 'fake' in the URL and 'fake' just about everywhere else in the blog. What in the heck is wrong with Canon? Do they really think that trying to shut down a parody blog is going to make their new 5D Mark II ship any faster?" After Fake Chuck removed the Canon logo from his site, WordPress is standing behind him and has rebuffed Canon's demand.
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  • by Anonymous Coward on Sunday February 15 2009, @02:32PM (#26864961)

    This post has fake all over it, so you can't mod it down.

  • MS fakery (Score:5, Funny)

    by Goffee71 (628501) on Sunday February 15 2009, @02:35PM (#26864973) Homepage
    Is there no fake Microsoft blog? If so, I'm guessing no one believes what they write anyway.
  • by iminplaya (723125) <iminplaya&gmail,com> on Sunday February 15 2009, @02:42PM (#26865013) Journal

    More free press for Canon. The real intention all along. Good job.

    • by Anthony_Cargile (1336739) on Sunday February 15 2009, @03:12PM (#26865169) Homepage
      With the lack of interest I would have for starting a blog centered around a key individual of Canon as opposed to Nikon/Motorola/etc., I wouldn't doubt it if the whole thing was staged just for publicity like this, after somebody at Canon saw the "fake steve jobs" fiasco. It probably isn't likely, but hey you never know these days.
  • by DeadPixels (1391907) on Sunday February 15 2009, @02:44PM (#26865027)
    Companies would realize that not liking someone's views doesn't give them the right to censor the person.
    • by Anonymous Coward on Sunday February 15 2009, @02:46PM (#26865041)

      In this case, though, the views expressed are decidedly noncanonical.

    • Re: (Score:2, Insightful)

      Yeah, but there's no prohibition against making lots of noise and getting on the front page when you have a product you need to push.

    • Re: (Score:3, Interesting)

      by Anonymous Coward

      Absolutely! Canon are hurting as they've had nothing but immense quality problems with almost every major model released in the last 2 years. Canon just cannot stand being called out as making 'fake' cameras and watch their user base walk over to real Nikon.
      FACT: On a Luminous Landscapes trip to Antarctica, ZERO Nikon D700 failures, 6(six) Canon 5Dii failures of which 3 recovered and 3 were bricked.
      Can you smell the PANIC back at Canon HQ?

        • In contrast to that, I haven't had any problems with my 40D at all, and the 350D I had before that only occasionally had issues with dirty contacts on the lens throwing that nasty "error 99" every once in a while.

          I guess with DSLRs (or SLRs, really) you buy into whichever brand of dog food you are interested in, since lens cost will eventually eclipse camera body cost as you build a collection of lenses. We can bicker and argue about one brand being better than another, but as long as they take pretty faith

          • Re: (Score:3, Informative)

            Just want to add that with the same two cameras, the 350D and my current 40D, I also haven't had problems.

            I *have* had minor problems with lenses, especially third-party ones. That is where calibration/quality control is a major problem, even with Canon lenses (though I haven't had a problem with my Canon lenses, I know many others have.)

    • By definition, a company can't censor a person.

      -b

      • Re: (Score:3, Insightful)

        No, wrong. [merriam-webster.com]

        By definition, a company very much can censor.

        It is just legal if it is the context of forums under that companies control, or using copyright/trademark laws.

  • by UnknowingFool (672806) on Sunday February 15 2009, @02:46PM (#26865043)
    The Streisand effect has now hit the Fake Chuck blog. I wasn't aware of the blog but thanks to Canon's own doing more people will be aware of it.
    • Wha says that's not what they were going for? These are sneaky bastards these corporate types. It's difficult tfor us straight thinking peeps to get a handle on them.

  • Bad Summary (Score:5, Informative)

    by the eric conspiracy (20178) on Sunday February 15 2009, @02:58PM (#26865091)

    The take down letter asked for 4 things:

    1. Stop using the Canon logo.
    2. Remove references to violence.
    3. Remove references to Chuck's family.
    4. Changes to the look and feel of the blog so it would not be
    confused with actual Canon corporate sites.

    It wasn't a totally unreasonable blanket take-down demand, and as such Fake Chuck will easily be able to comply and continue as a source of satire and humor.

    • Re:Bad Summary (Score:5, Informative)

      by rcw-home (122017) on Sunday February 15 2009, @03:33PM (#26865291)

      I looked at the PDF of the takedown. Yes, it mentioned those four things as "particularly egregious" but it was a blanket take-down demand. Let's examine the basis they list for their complaint and their demand:

      http://fakechuckwestfall.wordpress.com/ [wordpress.com] (the "Blog") - is using our client's trademark and Mr. Westfall's name and likeness without authorization

      Accordingly, we hereby demand that you immediately remove the above-mentioned objectionable and harmful content from your website, as well as terminate the Blog author's account.

      (emphasis mine)

      If Wordpress hadn't exhibited some common sense, Fake Chuck would have had to find a new home.

    • Bad lawyers (Score:4, Insightful)

      by Kupfernigk (1190345) on Sunday February 15 2009, @04:02PM (#26865413)
      The take down letter made other, unreasonable demands. As I've posted before, it's often the case that from the plaintiff point of view, the weaker the case the stronger the language, and contrariwise for the defendant. This was a weak case so L&L tried to boost it with strong language demanding that Wordpress cease to allow the fake CW to publish any blogs. Wordpress detected it was a weak case and offered the minimum actually needed to comply. And now, people who had no idea that some people think Canon DSLRs are not very good, and have inadequate QA, are suddenly informed on the subject.

      I had to issue a takedown notice last year when I discovered that a fake business had stolen the identity of our legitimate business. As a result, we could have been raided by the police and had our equipment taken by them, which could have driven us out of business. The initial response of the website host was to go away. Before I could respond to this, which would have involved a High Court injunction, they obviously took legal advice and I suddenly got a grovel. So I am sympathetic to legitimate takedowns. As you say, part of this one was legitimate. But L&L should have done better than have it drafted by a paralegal, and simply insisted that the genuinely infringing material be removed or fixed, and requested as a matter of courtesy that the blog confine itself to technical matters. Despite their claims to the contrary, lawyers are frequently not the shiniest apples in the barrel.

    • #20178 wrote:

      If you had read the take down letter, you'd know it asked for six things:

      1. Stop using the Canon logo.

      2. Remove references to violence.

      3. Remove references to Chuck's family.

      4. Changes to the look and feel of the blog so it would not be confused with actual Canon corporate sites.

      "Accordingly, we hereby demand that you immediately remove the above-mentioned objectionable and harmful content from your website, as well as (5) terminate the Blog author's account. We further demand that you (6)

      • I'm not so sure that requests 1. and 4. are unreasonable. After all, Canon's logo is a registered trademark. Besides, if you're going to parody the company and its employees, it's not a huge leap to parody the company logo as well.

        Look at it as an opportunity to further lampoon Canon by coming up with a hilarious reworking of their logo.

        As for requests 2. and 3., there's no need or justification for bringing Mr. Westfall's wife and daughter into the fray and certainly no call for references to violent act

  • by samj (115984) on Sunday February 15 2009, @03:35PM (#26865295) Homepage

    ---------- Forwarded message ----------
    From: Sam Johnston <samj-at-".net>
    Date: Sun, Feb 15, 2009 at 9:31 PM
    Subject: Thanks for the heads up about your blog!
    To: Chuck Westfall <cwestfall@cusa.canon.com>
    Cc: Toni Scheinder <toni@automattic.com>, "Douglas E. Mirell" <dmirell@loeb.com>

    G'day Chuck,

    It's not every day that something truly entertaining comes to my
    attention but thanks to my mates at Slashdot[1] and your mates at Loeb
    & Loeb with their (surely fake?) letter[2] I was drawn attention to
    your refreshingly entertaining fake blog[3]. Anyway I'm sure I'm one
    of many who have immediately added your blog to my reader - it's truly
    amazing what a bit of viral marketing can do for you!

    Kodos to the guys at Automattic too for identifying the letter for
    what it was so quickly and taking appropriate action - those guys
    rock!

    Eagerly awaiting your next post,

    Your [virtual] friend,

    Sam

    1. http://fakechuckwestfall.files.wordpress.com/2009/02/982873542.pdf [wordpress.com]
    2. http://yro.slashdot.org/article.pl?sid=09/02/15/1830217 [slashdot.org]
    3. http://fakechuckwestfall.wordpress.com/ [wordpress.com]

  • Who is fake canon, or chuck for that matter and why should I give a shit? If DSLR wasn't mentioned I wouldn't have a clue this is something to do with photography.

  • by Jane Q. Public (1010737) on Sunday February 15 2009, @04:06PM (#26865433)
    since using it in obvious parody is protected fair use.
  • is probably Canon corporate policy, not a fake blog.

    My experience with Canon printers has been good. They are very well constructed, using actual metal parts where it makes sense, they aren't the typical plastic shells surrounding mostly air one sees in the great majority of consumer printers.

    I will not buy a new Canon printer.

    Canon's PIXMA IP3000/4000/5000/6000 printers had the easiest to refill cartridges around. I've got an IP3000, which I bought for $60 with a $20 rebate when new. (and yes, Canon did actually send me the rebate money) Well, it's aging and developing enough signs of wear that I'm thinking of replacing it.

    There are a few IP3000s left that were never sold in sealed retail boxes. The price at Amazon starts at $209. The cheapest used IP3000 available at Amazon starts at $110. People in the know would rather chance a used printer than buy a new Canon printer.

    How often do you see computer peripherals go up in price years after they are manufactured to the point where they are far more expensive than comparable new ones? The demand for the old ones comes down to drastically reduced cost of ownership. I've been printing for the last year on $30 worth of high-quality fourmilabs bulk ink, and my printed photos have never looked better.

    If Canon were to make a new line of printers with chipless cartridges, I'd be happy to pay $100+ for one. If they made one that could be used directly with bulk ink, I'd be delighted to pay $150.
  • 3 words... (Score:3, Insightful)

    by pig-power (1069288) on Sunday February 15 2009, @08:10PM (#26867405)
    Thank You Wordpress
  • Since the site is marked 'fake' it clearly is a parody. There may be grounds to argue that references to his wife and child are unacceptable because they might not be public figures, but the guy he's parodying clearly is. His own lawyers in the letter have conceded he is a public figure. Thus the standard for defamation is much higher than with a private party. While I'm not a lawyer, based on supreme court decisions such as New York Times v. Sullivan and Hustler Magazine v. Falwell, no reasonable perso

  • Isn't that the name of that evil gollum-attorney in Cryptonomicon? :P

  • by John Pfeiffer (454131) on Monday February 16 2009, @03:33AM (#26870091) Homepage

    People think stupid stuff. All it takes is that x% of people too stupid to grasp the concept, to then pass the 'information' on to their friends. Give it another iteration or two, and it starts to become a problem. Human beings readily accept the easiest to digest and most palatable information available to them. Canon is just trying to head that shit off.

    Think about it this way; you have someone like Jack Thompson, devoting his every waking hour to convincing people that videogames are solely responsible for the breakdown of society. Bullshit, of course. But a percentage of people take it seriously enough to tell someone else, whether or not these people have any idea what in the hell they're talking about is irrelevant, with only a little help, such ideas can silently seep into common knowledge until a majority of people believe-- or at the very least, take seriously --such things.

    To put it another way, if you're subjected to someone yelling about something loud enough, long enough, sooner or later it's going to have an effect.

    I'm not saying Canon took the right tact, I mean the blog looks fairly harmless, I'm just saying I can think of a few reasons they'd want to do something about someone taking pokes at them in such a way.

    For the record, I'm fairly brand-agnostic. Though I haven't used a Nikon SLR since the days of film.

    • Re:WTF (Score:4, Informative)

      by Teun (17872) on Sunday February 15 2009, @03:10PM (#26865155) Homepage
      Because this is one of their flagship products and it has according to early reports performed a bit sub-par?
      Canon [luminous-landscape.com]
      • Re: (Score:3, Informative)

        I agree that it has been performing sub-par for many people, but I don't think the failure rate on that Antarctica trip is the right thing to point to. See my earlier comment at http://yro.slashdot.org/comments.pl?sid=1128757&cid=26869539 [slashdot.org] for my analysis.

        There are reports of earlier Antarctica trips on that site from previous years, with similar tallies of failed cameras. It doesn't tell you a whole lot other than that if you use your camera in extreme conditions it wasn't necessarily designed for, you