Comments: This is the page addressed by the Letter From Hormel.

This use of the photgraph in the background and the icon might be considered legal, 'Editorial or Educational Use.'

Since, however, the "Can of Spam®" does not actually relate (other than by the use of the SPAM™ name) to Unsolicited Commercial E-mail, the certainty of this interpretation could be up for debate.

The doubt in this interpretation is sufficient for me to remove the offending images from this page.

If this was an educational or editorial article about the actual Pork Shoulder product itself, the use would certainly fall within fair use doctrines.

The 'might' in this example, however, is just too big to ignore and I don't want to be the test case. Neither do you!

This reinforces the Eggman's need to practice what he preaches.
" When in doubt, leave it out!"

NOTE: SPAM® is a registered trademark of the Hormel Corporation!

Comments:

The illustration of SPAM® on this page would surely be a copyright and/or trademark violation if the JumpGate was a commercial website, and the image was used in a 'non-editorial' context.

Though the Jumpgate IS strictly non-commercial, and by a stretch could be considered educational, use of this image in the illustrative context shown above may be interpreted as less than legitimate.

In any case, this one is certainly not worth taking a chance on, so I removed it as soon as the good folks at Hormel asked.

Again, "When in doubt, leave it out!"

NOTE: SPAM® is a registered trademark of the Hormel Corporation!

Comments:

This page, as originally crafted was pure satire. The use of the Can o' SPAM background ties in to the use of the word SPAM (in it's E-Mail context) on the Internet. Since this page pokes fun at ALL things Internet, I doubt any jury would find this not to be 'fair use.'

Though my attorney and I are both reasonably certain that the doctrine of fair-use as satire would apply here, I have removed the image anyway.

Why did I 'cave in' to the lawyers? I pulled the image primarily because of the attitude and tone of Ms. Redings letter.

Had she used the heavy handed, Microsoft™ style 'fullest extent of the law, you'll go to jail and your children will starve,' language, I might have decided to fight on this one and it could have become both nasty and expensive for all concerned. As it turned out, I made a reasonable response to a reasonable request.

NOTE: SPAM® is a registered trademark of the Hormel Corporation!

Comments:

The document you have been reading contains images of trademarked products, product names and trade dress.

The use of these images is in this context, and ONLY in this context, within the bounds of legitimate 'fair-use.'

• Their use is critical for, and bears direct relevance to the content of this article.
• This article was not written for pay or profit.
• This article is strictly educational in nature.
• This article does not harm, libel, or subject any entity to scorn or ridicule.
• I have not attempted to appropriate any intellectual property. I clearly state numerous times -- " SPAM® is a Registered Trademark of the Hormel Corporation."

And NOW for something REALLY confusing . . .

This article and all images appearing herein are Copyright © 2002 by T. S. Eggleston

NOW WAIT JUST A DOGGONE MINUTE!
HOW CAN THE EGGMAN HAVE A COPYRIGHT ON SOMEONE ELSES PROPERTY? (Pictures of SPAM® in this case.)

The trademarked name SPAM®, and the shape, design and presentation of the package (trade dress) are the undisputed property of Hormel Corporation. They own ALL of the trademarks, domain names, copyrights and patents lock, stock and (Please thank me for not saying 'pork') barrel. I have no interest in anything even vaguely belonging to them.

What I do own, are the exclusive rights to THIS PARTICULAR CREATIVE EXPRESSION, which also happens to contain my illustrative expressions of someone elses intellectual property.

Confused yet? This is the same principle by which newspapers and other media, such as The JumpGate, wrap letters to the editor, advertising photos and so on into their copyright for one specific use.

ATTENTION!

On a related note: Before placing ANY content on your website, make certain that you have the right to use that content in the intended context. You may have paid the photographer big bucks for the photo on the cover of your annual report, but that doesn't mean you can use it on your website!

The Eggman doesn't pretend to be a lawyer, nor does he play one on TV. He DOES, however, suggest you consult one any time you are in doubt.

Keep in mind: "When In Doubt ..." (you know the rest)

See Also: Just Because You Bought it Doesn't Mean You Can Use It.

In Case I Didn't Say It . . . SPAM® is a Registered Trademark of the Hormel Corporation.
( And it's really not bad grilled over Mesquite either! )