Disney Grapples With Light-Side/Dark-Side, Retracts Toy DMCA, Resubmits It, Is Probably Our Father, Aaaah!

from the toy-story dept

It’s a struggle that Disney ought to know quite well, having taken over the Star Wars franchise. The struggle between good and evil; the light side of the force… and the dark side. And it looks like we’re all getting a front row seat to the internal strife of Disney via the ongoing silliness surrounding the image of a Star Wars toy accidentally released to the public by a retailer.

If you recall, our original post detailed how Disney was apparently abusing the DMCA process to take down the photographs of Justin Kozisek, contributor to Star Wars Action News. The photographs were of a toy that was in and of itself something of a spoiler due to the outfit the character is wearing. Pretty much everyone speculated that Disney was using the DMCA process to avoid the spoiler reaching audiences before the release of the latest film, which is, of course, not what the DMCA process is for. Also, most people were happy to agree that claiming copyright on images of a legally purchased retail item was Jar Jar Binks level absurdity. Well, Marjorie Carvalho, who runs Star Wars Action News, tried to reach out to Disney to see what was going on.

She wrote a polite e-mail to the Disney company e-mail address listed in her DMCA notice, explaining exactly what happened. While Carvalho didn’t get a direct reply, her message seemed to have worked. Last night her account got a late e-mail from Facebook stating that “The Walt Disney Company has retracted their intellectual property report.”

“All we did was write a letter, and a few hours later, it was retracted,” she said in an interview with Ars this morning, pleased with the result. “It pays to take the high road and get your facts in order, rather than overreacting. I feel good about it, and it’s nice that they’re recognizing they made a mistake.”

The light side jedi is humble and knows the best course of action when he or she is at peace. Carvalho’s email must have had a tranquilizing effect on Disney, allowing it to turn away from the darkness. Much as Vader rendered himself useful for thirty seconds by tossing Emperor White Raisin or whatever his name was down a galactic laundry chute that for some reason had been installed in an Emperor’s throne room, Disney realized its error and became good again.

For about an hour or so. The dark side is tempting, after all. According to the Ars Technica article linked above:

Not 10 minutes after getting off the phone today, Carvalho informed Ars that the image was taken down again. Disney sent an identical DMCA notice.

“For reasons we can’t understand—Disney has now RESUBMITTED the claim, again removing the pictures (that they restored this morning),” she told her followers on Facebook.

This time, Facebook removed the entire post, not just the photo. It also administered a punishment to Kozisek, banning him from posting on the site for three days.

Yes, with the kind of speed that would impress a tie fighter pilot, Disney went from pulling the DMCA takedown to re-submitting it. Meanwhile, as Disney goes through this phase of self-discovery, images of the toy that it had hoped to censor exist roughly everywhere anyway, including in the reporting that has been done on this whole stupid episode. In other words, the only thing that Disney has managed to accomplish throughout this whole thing is to look bumbling and silly, and to Streisand Effect news about the toy all over the internet.

Filed Under: , , , ,
Companies: disney, facebook

Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “Disney Grapples With Light-Side/Dark-Side, Retracts Toy DMCA, Resubmits It, Is Probably Our Father, Aaaah!”

Subscribe: RSS Leave a comment

Disney has managed to accomplish throughout this whole thing is to look bumbling and silly

Actually the one thing they did do is to get an innocent fan punished a fan that actually stood up and defended the indefensible , and they wonder why people have no respect , plus they handled this in such hamfisted way as I had a copy of the alleged offending picture posted to my Facebook and hate F$$king Star Wars and it was not removed .


Re: Disney has managed to accomplish throughout this whole thing is to look bumbling and silly

plus they handled this in such hamfisted way as I had a copy of the alleged offending picture posted to my Facebook and hate F$$king Star Wars and it was not removed.

You have to hand it to them: that one was one ingenious advertising campaign. Now that it’s every citizen’s duty to put the spoiler brat on display, people will wonder what it is all about and go to the movie.



Yeah, asking for a boycott of a company’s product because their legal department are assholes is not going to leave you with a lot of of companies to purchase from. Plus, the toys and movies are going to have been produced by totally different parts of the corporation, so you’re calling for the wrong boycott. Even if people would listen to such a suggestion based on such obvious news as “Disney lawyers are dicks”, almost everyone going on opening weekend pre-ordered their tickets weeks ago.

Next time, at least call for a boycott of the toys or a write-in campaign before everyone’s already paid their money.

Coyne Tibbetssays:

Re: "You're still up? Let me fix that for you."

It looks like a deliberate punishment to me. Challenge our DMCA notice? We will pull and repost it to bump your violation count and get you suspended.

I can’t imagine a clearer message that Disney feels challenging their DMCA notices is unacceptable. “Right or wrong, it’s our way or suspension.”


Re: A/C that isn't going to read this anyway

A) It isn’t a copyright issue. You cannot own copyright on an image you didn’t take of a toy that you are (or will be) selling. Right of First Sale says the owner can do whatever the heck they want with the thing, including taking pictures and posting them.
B) There is no “law” being enforced by Disney here. At best it is analogous to an embargo’d image, which is an agreement and not a law.
C) There was a law broken, but Disney did it by using the DMCA process (twice!).

Anonymous Loser hates it when facts get in the way of his pitiful lurker existence. Bwaak!


File a counter claim with Facebook.

First, that notifies Facebook that the product is bought by you, picture it taken by you, and is your copyright (unless you’re a monkey). Facebook should put the photo back up. That satisfies the stupid auto-DCMA nonsense.

Then Disney’s legal recourse is to be super douches, and actually file a lawsuit against said fan. Then we’ll see if they really have gone to the Dark Side.

Never ascribe to malice, what can be attributed to stupidity. And the DCMA allows for a lot of stupidity.

Add Your Comment

Your email address will not be published. Required fields are marked *

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop ┬╗

Follow Techdirt

Techdirt Daily Newsletter

Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...
Older Stuff
13:40 It's Great That Winnie The Pooh Is In The Public Domain; But He Should Have Been Free In 1982 (Or Earlier) (35)
12:06 Norton 360 Now Comes With Crypto Mining Capabilities And Sketchy Removal Process (28)
10:45 Chinese Government Dragnet Now Folding In American Social Media Platforms To Silence Dissent (14)
10:40 Daily Deal: The 2022 Ultimate Cybersecurity Analyst Preparation Bundle (0)
09:29 A Fight Between Facebook And The British Medical Journal Highlights The Difficulty Of Moderating 'Medical Misinformation' (9)
06:29 Court Ruling Paves The Way For Better, More Reliable Wi-Fi (4)
20:12 Eighth Circuit (Again) Says There's Nothing Wrong With Detaining Innocent Minors At Gunpoint (15)
15:48 China's Regulatory War On Its Gaming Industry Racks Up 14k Casualties (10)
13:31 Chinese Government Fines Local Car Dealerships For Surveilling While Not Being The Government (5)
12:08 Eric Clapton Pretends To Regret The Decision To Sue Random German Woman Who Listed A Bootleg Of One Of His CDs On Ebay (29)
10:44 ICE Is So Toxic That The DHS's Investigative Wing Is Asking To Be Completely Separated From It (29)
10:39 Daily Deal: The 2022 Complete Raspberry Pi And Arduino Developer Bundle (0)
09:31 Google Blocked An Article About Police From The Intercept... Because The Title Included A Phrase That Was Also A Movie Title (24)
06:22 Wireless Carriers Balk At FAA Demand For 5G Deployment Delays Amid Shaky Safety Concerns (16)
19:53 Tenth Circuit Denies Qualified Immunity To Social Worker Who Fabricated A Mother's Confession Of Child Abuse (35)
15:39 Sci-Hub's Creator Thinks Academic Publishers, Not Her Site, Are The Real Threat To Science, And Says: 'Any Law Against Knowledge Is Fundamentally Unjust' (34)
13:32 Federal Court Tells Proud Boys Defendants That Raiding The Capitol Building Isn't Covered By The First Amendment (25)
12:14 US Courts Realizing They Have A Judge Alan Albright Sized Problem In Waco (17)
10:44 Boston Police Department Used Forfeiture Funds To Hide Purchase Of Surveillance Tech From City Reps (16)
10:39 Daily Deal: The Ultimate Microsoft Excel Training Bundle (0)
09:20 NY Senator Proposes Ridiculously Unconstitutional Social Media Law That Is The Mirror Opposite Of Equally Unconstitutional Laws In Florida & Texas (25)
06:12 Telecom Monopolies Are Exploiting Crappy U.S. Broadband Maps To Block Community Broadband Grant Requests (7)
12:00 Funniest/Most Insightful Comments Of 2021 At Techdirt (17)
10:00 Gaming Like It's 1926: Join The Fourth Annual Public Domain Game Jam (6)
09:00 New Year's Message: The Arc Of The Moral Universe Is A Twisty Path (33)
19:39 DHS, ICE Begin Body Camera Pilot Program With Surprisingly Good Policies In Place (7)
15:29 Remembering Techdirt Contributors Sherwin And Elliot (1)
13:32 DC Metro PD's Powerful Review Panel Keeps Giving Bad Cops Their Jobs Back (6)
12:11 Missouri Governor Still Expects Journalists To Be Prosecuted For Showing How His Admin Leaked Teacher Social Security Numbers (39)
10:48 Oversight Board Overturning Instagram Takedown Of Ayahuasca Post Demonstrates The Impossibility Of Content Moderation (10)
More arrow
This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it