First, as a St. Louis resident, let me express my dissapointment that
a company based in my hometown would act in this manner. This is
simply NOT good PR. Let me explain:
1) exactly how could anyone confuse Whipnet with Bud Light? Whipnet
declares in no less than 3 places on that page that they are not
affiliated with Anheuser-Busch and are just fans. Your 15 U.S.C.
§1125(a) claim is easily invalid.
2) Whipnet isn't selling anything. They aren't making a penny off
that site, in fact it costs them quite a bit to host the downloads.
Bandwidth isn't free. Per 17 U.S.C. § 106, you seem to forget that
it's subject to 17 U.S.C. § 107, Fair Use. On point 1, the nature is
non profit. On point 2, the nature of the work is "distributed to the
consumer without charge or obligation". On point 3, well you get them
there, they have the whole thing up. On point 4, it's not applicable,
the content has no value since A-B PAYS people to play it for them.
Now, I'm no lawyer, but Whipnet's got 3 out of 4 here on their side
for Fair Use so it's got me thinking what you think you are trying to
3) Anheuser-Busch doesn't provide this service so Whipnet isn't taking
anything away from A-B. If Anheuser-Busch does put up a site where
fans can listen to ALL these commercials then I'm sure Whipnet would
happily replace their site with praise and a link to the offcial site.
4) Anheuser-Busch PAYS orginizations to plays these commercials,
Whipnet is "playing" them for you for FREE. How is this hurting
Anheuser-Busch again? Does the Marketing department know that you are
shutting down a free advertising outlet? A-B goes to great expense to
get as many people as possible to hear these things and when someone
wants to help out, free of charge, you smack them in the face. Nice
I can hear the next commercial now: "Mr Lawyer that bullies his
companies customers and fans guy... people advertise for you for free
and you use petty laws outside their intended scope to shut them
down... Way to go shunning your customers, Mr bully lawyer guy..."
Yeah yeah, I know all about copyright and you might have legal right
to persue this, but does it really make sense too?