An outbreak of good sense

But in a decision hailed by the Australian Workers Union as a victory for “workers rights in the digital era” and “Aussie larrikinism”, the full bench of the commission overturned the decision on appeal on Friday, finding the widespread use of the scene as a meme had the effect of “culturally dissociating” it from its original context.

“That the clip has been used thousands of times over a period of more than a decade for the purpose of creating, in an entirely imitative way, a satirical depiction of contemporary situations has had the result of culturally dissociating it from the import of the historical events portrayed in the film,” the commissioners found.

“After this period, any interest which remains in the clip will usually reside in the degree of inventiveness involved in successfully adapting the scene to fit some new situation. Anyone with knowledge of the meme could not seriously consider that the use of the clip was to make some point involving Hitler or Nazis.”

Akin to the equally sensible libel rule that “mere vulgar abuse” isn’t libel. You know, adults can tell the difference here…..

10 thoughts on “An outbreak of good sense”

  1. ” “mere vulgar abuse” isn’t libel””
    This is interesting. A Finnish MP recently called a police officer (internet hate incidents dept.) a “bollockless cry-baby***” and was promptly sued. No parliamentary privilege inside or outside the parliament in Finland.

    ***”munaton nillittaja”

  2. @Diogenes

    Surely through the claim that the real offence here was the much worse one of the cultural appropriation of, err, Nazi-ism…

  3. Jussi,

    That is an excellent insult. One that I suspect has considerable mimetic potentical, at least in these circles.

  4. In another outbreak of good sense an American court dismissed a frivolous copyright case against Youtube celebrity “Sargon of Akkad”. In 2016 he made a video taking the piss out of a Hilary supporter. The video was just clips of the Hilary supporter cut together in such a way as to show she was an idiot. She wanted hundreds of thousands of dollars compensation. The judge said it was “quintessential fair use” as it was criticism.

  5. @RJB: Sargon is now suing her for his legal fees and, based on the judge’s ruling that her action was frivolous, he is expected to win.

  6. Aus Judge correct, the Hitler meme vids mock totalitariaism, not promote it

    Video here:
    1 https://www.captiongenerator.com/1086412/Hitler-Parody-EA-Negotiations
    2 https://www.news.com.au/finance/work/at-work/taking-the-piss-worker-sacked-for-sharing-hitler-meme-wins-job-back-on-appeal/news-story/c79b3e2a7a1765fa840d20c2eef147ca

    @RJB

    Link to the Sargon vid please

    More Aus:
    New Zealand ‘Queen of the left’ Prime Minister Jacinta Ardern is “loved more in Aus than her NZ,” he would be “surprised if she wasn’t reelected
    https://www.youtube.com/watch?v=agch2RM0nto

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