This Is What You Get for Trying to Sue ‘South Park’
Always let sleeping dogs lie, always. After pursuing litigation against the creators of South Park for their parody of Samwell’s "What What (In The Butt)" video, Brownmark Films has been slapped with a whopping $31,545 fee for basically ignoring the First Amendment, and a bunch of other legal precedents like "fair use" and "don’t be such a whiner."
Brownmark was told a while ago that South Park‘s usage of the video was probably fair, but ended up pursuing the lawsuit anyways. Now, they’ve got to pay all of that money to Viacom for attorney’s fees, even though Viacom executives typically spend that much money at lunch. Foolish, so foolish. It could’ve been worse, though, as the judge cut the payment by a third after realizing that Brownback isn’t very flush with cash. From the judge’s statement:
"To begin, the defendants’ fair-use argument was very strong, and Brownmark’s legal position was objectively unreasonable. The Court took the somewhat rare step of deciding this case at the motion to dismiss stage, precisely because the defendants’ fair-use defense was so strong, satisfying all four fair-use factors."