Tuesday, April 20, 2010

Bring back Hitler! (but not like that)

Living in an hyper-litigious society can be fun. You can get way too drunk at your office Christmas party and then sue your work when you fall down the stairs. You can threaten legal action when your waiter brings you slightly overcooked steak. Dentist shoots you a dirty look? Sue. Neighbour's dog piddles on your sneakers? Sue! And god help the octogenarian grandmother who just rear-ended you in the Sobeys parking lot. Ka. Ching.

Truly, it's a good time to be alive (Note: This is in no way a reference to the very classic and very copyrighted 1999 Edwin song Alive)

But there's one thing that's always baffled me. Surely, suing every last doubloon from some poor shmo has got to be a rush. But why do so many people launch lawsuits that only hurt themselves?

I could list many examples. Eeven my amigo Rich Aucoin has been a victim when he stole/promoted How The Grinch Stole Christmas and worked it into his act, to genius results. But this time the lawyers aren't just going after broke Canadian indy musicians. This time they're going after Hitler.

Like 1945 Berlin, the popular Hitler meme has come under attack, only this time with takedown orders. Sure, it steals a clip from the movie Downfall and technically the producers can go all Law & Order on the internet.

But why would they?

According to boxofficemojo the story of Hitler's final days did very well overseas but only scraped the lucrative North American market to the tune of $5.5 million.

I first heard about Downfall when it came out about five years ago and always wanted to see it. But I never got around to it until I saw my first Hitler video about Terrell Owens joining the Buffalo Bills. I was hooked, watched a bunch more of them and soon was intrigued enough to seek out the movie.

There's no way to know how often this cycle was repeated, but in an increasingly DVD-centric market I'd bet it's a hell of a lot. Even further, the movie is fascinating enough for a lot of people to recommend it to friends, blog about it or include it in best-of lists. That adds up. And this is coming from someone who spent a few hours writing a Best Movies of the Decade list one bored evening and had it surprisingly 'go viral' and be viewed by over 79,000 people at last count.

So what reason is there to sue? Principle? Uh, these people are making fun of Hitler. And in the process they're giving your movie loads of free advertising to a market you've yet to break into.

Why not just sue yourselves for releasing a trailer? This whole irrational, knee-jerk decision making that's ultimately self-destructive reminds me a lot of... someone. I feel like I watched a movie about this recently but for the life of me I can't remember who it was about.

So lay off the legal blitzkrieg, Downfall producers. You've found a way to profit off of World War II in a way that victimizes Hitler. Personally, I would run with that.

Also, please don't sue me.