BlogsCanada cease and desist

Jim Elve of BlogsCanada has gotten his cease and desist letter. I don’t think he really gets it. He deliberately tried to make his site look like that of the Government of Canada. He was waiting since launch for them to respond. And he admits to “using this issue to get publicity for BlogsCanada.” He realizes that he “may be clutching at straws to point out 3 pixel differences” in the designs and is not in violation of copyright. But it should be okay because he “[doesn't] stand to gain anything, personally, by this.” He admits to opportunism but justifies the play for attention by saying that he “see[s] the building of a Canadian blog directory as an endeavor in my role as a champion of Canadian culture as well as a blogging evangelist.” He has “literally dedicated months of [his] life to promoting Canadian blogs and [does] so without compensation.”

So it looks very much the same except for a few pixels so it’s not copyright infringement. Oh and he gets nothing from it… except attention and validation of his role as champion of Canadian culture and blogging evangelist.

Some people in his comments try to help him out and say that it is fair use because it is a parody. However where is the literary or artistic work? Where is the comic effect or ridicule? Now combine your meager findings and try to convince me that it is a parody.

Anyway, I’m not huge fan of seeing lots of lawsuit over copyrights and trademarks. But I’m also not a fan of seeing stupid stunts like this one. You’ve got you’re bit of blogging fame. Please change your design (for good design, don’t copy the GoC) and think of better ways to spread Canadian culture and you’re enthusiasm for blogging.

Update: His about page gives further proof that he doesn’t get it. “You might be wondering, then, why this site looks so much like the Government of Canada website. … This ploy is just a cheap trick which we are hoping will get us some free press. After all, a free press is what blogging is all about, isn’t it?” Distinction: getting free press from a cheap trick vs. the idea of having a free press.