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Thus, in 1995, was born Big Miss Moviola. Hundreds of women
filmmakers have since swapped tapes of their work through Big Miss
Moviola, and July took it online last year at bigmissmoviola.com.
Which is where Magnasync/Moviola Corporation,
the original maker of Moviola film-editing tools, found it.
Magnasync/Moviola promptly fired off a letter to July, informing her
that she was violating the company's trademark.
"If we were to allow everyone and anyone to use the 'Moviola'
name, we would lose our rights to the trademark," said Dana Newman,
Moviola's corporate counsel. Legally, Newman has a valid point --
companies are required by law to police their trademarks.
Unfortunately for Magnasync/Moviola, July promptly contacted RTMark, the anti-corporate activist
group that led the online
assault against eToys.com last winter after the company sued the
online art collective etoy.
And RTMark doesn't particularly care if Moviola's point is
legally valid or not; the assault on Big Miss Moviola is at least
ethically invalid, RTMark said, and it therefore decided to unleash
its online fury against Magnasync/Moviola and its parent company,
J&R Film Co.
The plan was to launch a coordinated email assault on Moviola.com
-- a "virtual sit-in" of thousands of email protestors -- "likely to
cripple the Moviola servers even better than it did those of eToys,"
according to a message from RTMark to its mailing list recipients.
"Of course, we are also working out other strategies more specific
to this company's interests."
RTMark has already sent protest emails to every employee at
Moviola. It also circulated a list of Moviola email addresses,
urging supporters to send their own protests.
"Big Miss Moviola is empowering girls, and to harm that activity
in the name of the 'potential' to have commercial damage is morally
bankrupt," said an RTMark organizer who uses the alias Frank
Guerrero. "That's not a legal opinion, its just common sense and
ethics, which sometimes have little to do with the law."
Moviola, meanwhile, was asking, "Why me?" It pointed out that
dozens and dozens of companies police the Web for trademark
violations.
"We're being bombarded with email now, but there's a lot of
misinformation floating around out there. The comparison is the
eToys/etoy case, but this is totally different, because we've owned
the trademark since 1965." The art collective etoy, sued by
eToys.com for trademark infringement, existed before the toy-seller
came online.
"We are not a big, public e-commerce company trying to shut down
a purely artistic organization; we are just a small company trying
to protect our legitimate rights to our trademark against someone
else's commercial -- and potentially confusing -- use of the name,"
Newman said.
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