http://techcrunch.com/2012/11/20/guys-you-can-use-copyright-violations-a
s-a-way-to-get-a-twitter-parody-account-suspended-and-the-times-is-on-it
/

The NYT is on it, if by "on it" you mean the newspaper has successfully
managed to get a Twitter account that parodied its news coverage
suspended from Twitter by citing copyright concerns. According to the
Facebook page for The Times Is On It, the issue with the account is not
the content, however, but rather the avatar. A post from yesterday
evening, explains:

Twitter has suspended my account over a claim from The Times that my
avatar violates a trademark. I say fair use. Right now, I'm waiting for
Twitter to process my request to fix the problem so I can get the
account reenabled. But feel free to spread the word over how the
country's largest newspaper feels threatened by a small Twitter account
right now.

For those unfamiliar, the account @NYTOnIt, named one of the 140 Best
Twitter Feeds of 2012 by TIME, hilariously mocked NYT headlines on
Twitter, especially those of a fluffier nature. For example, a recent
tweet still showing in Google's cache reads "GUYS, women enjoy wearing
pantyhose again, and The Times is ON IT. nyt.ms/SFsw.43," linking to a
trend piece on the topic.

The account was being run by Benjamin Kabak, a law student who also
blogs at 2nd Avenue Sagas. He tells me that the account has been active
since early 2011, started somewhere around May of that year. It had over
20,000 Twitter followers at the time of the suspension, he says.

"I created it on a whim with some friends because we would always laugh
at the high-minded obviousness of The Times' trend pieces," explains
Kabak, "and at some point, it got picked up by a few of the online media
outlets."

A Times spokesperson Eileen Murphy confirms the complaint with Poytner
(and with us), saying:

"We did file a complaint with Twitter and it is our understanding that
they have suspended this account for a violation of Twitter's terms of
service. We're not seeking to disable the account however it is
important to The Times that our copyright is protected and that it is
clear to all users of Twitter that parody accounts or other unofficial
Times accounts are not affiliated nor endorsed by The Times."

In a follow-up post on Facebook, Kabak adds that he's now appealing the
suspension with Twitter, writing:

I have filed an appeal with Twitter so I may remove the materials they
claim are problematic, and they say, "We are usually able to respond
within a few days, but some issues may take longer." A few days for
something that isn't actually legally infringing seems particularly
egregious. We'll see how long that takes.

What's unclear is why the account suspension took so long, given the age
of the account. We assumed that The NYT was late to act, but Murphy
points the finger back at Twitter. "The timing is really Twitter's as we
made known our complaint to them some time ago," she tells us, in
response to our question about "why now?"

Kabak also confirms it's his understanding that changing the logo will
be sufficient to address The Times' concerns, but he hasn't yet heard
back from Twitter, or been given the opportunity to state his case or
change the logo. "They say they'll hear an appeal but it's very tough to
reach anyone there," says Kabak. "I wish The Times had reached out to me
directly because I would have been more than happy to respond to their
concerns. Even though I believe my usage of the mark they allege they
own is defensible, I'm not trying to pick a fight with anyone."

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