Quotulatiousness

October 23, 2012

Unnamed band about to get big media exposure through the “Streisand Effect”

Filed under: Business, Law, Media — Tags: , , — Nicholas @ 11:09

Ken at Popehat is looking for pro bono legal help for a music fan site that after years of faithful service to an unnamed band is now being “cease-and-desist”-ed by the band’s new management:

It’s time to put out the Popehat Signal on behalf of a threatened web site.

Today, I’m looking for pro bono help (or help at a modest rate) for the proprietor of a fansite for a band. The proprietor of the fansite has been running it for years, promoting the band and its appearances to its fans. Apparently the members of the band knew of this and were cool with it — until recently, when they hired new management, who used a Los Angeles area attorney to send a threatening cease-and-desist issue.

One has to assume that $BAND (or more likely the new management team) has never heard of the Streisand Effect, because they’re risking a classic case of it through this kind of action.

The Streisand effect is the phenomenon whereby an attempt to hide or remove a piece of information has the unintended consequence of publicizing the information more widely, usually facilitated by the internet. The term is a modern expression of the older phenomenon that banning or censoring something often makes that item or information more desirable, and leads to it being actively sought out to a greater extent than it would have otherwise been.

It is named after American entertainer Barbra Streisand, whose attempt in 2003 to suppress photographs of her residence inadvertently generated further publicity. Similar attempts have been made, for example, in cease-and-desist letters, to suppress numbers, files and websites. Instead of being suppressed, the information receives extensive publicity and media extensions such as videos and spoof songs, often being widely mirrored across the Internet or distributed on file-sharing networks.

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