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…..