Little Big Planet and Copyright Infringement
For the unenlightened, Little Big Planet is a game which is heavily focused on user-created content. While the game was recently delayed for references to the Koran, there are already a slew of youtube videos displaying some awesome custom content.
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Anyway, it appears that Sony has been yanking levels containing copyrighted IP faster than c. This raises the question: shouldn’t most things created in this game be allowable under 17 U.S.C. 107’s fair use exception? It seems that most IP will be used for the purpose of mocking the IP work itself, so this is certainly the type of situation where we generally allow parody as an affirmative defense.
Of course, when it comes down to it, Sony has the right to do whatever they want with their own servers. I just question whether they have to be so worried about getting sued.
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I don’t have the game yet, but most of the questionable content I’ve seen has been straight ripoffs of the source material with no real parodic element.
In any event, Sony–as owner of one of the world’s largest catalogs of copyrighted content–would not be helping itself by expanding fair-use precedent.
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