Update on GoldieBlox vs. Beastie Boys
This morning, as I was posting my blog entry below, GoldieBlox posted a public apology to the Beastie Boys, announced that it had removed the video with its remake of “Girls,” and offered to withdraw its suit for delcaratory judgment, as long as it means that GoldieBlox will not be threatened by the Beastie Boys’ legal team.
In the post, GoldieBlox said it was unaware of Adam Yauch’s (MCA’s) request in his will that Beastie Boys songs never be used in advertisements.
I have mixed feelings about this development. I am happy to see peace being made, but I hate that GoldieBlox’s brilliant use of the song will no longer be available. I believe it had a good fair use argument, but I would have hated to see them have to duke it out in court with the Beastie Boys.
A word of explanation to those who found GoldieBlox’s suit to be offensively litigious:
First, I hate the overly litigious nature of society. That being said, a suit for declaratory judgment REQUIRES that the filing party believe that it has been threatened with a lawsuit. It is actually a defensive action — pre-emptive, yes, but defensive. In its posting today, GoldieBlox explained:
Our hearts sank last week when your lawyers called us with threats that we took very seriously. As a small company, we had no choice but to stand up for ourselves. We did so sincerely hoping we could come to a peaceful settlement with you.
So don’t be too hard on GoldieBlox!