ESA threatens Kotaku over "Yo Momma" shirt

Posted Nov 11, 2006 at 3:20PM by QJ Staff Listed in: Wii, PS3, PSP, MMORPG, Nintendo DS, Xbox 360, PC Gaming Tags: ESA, ESRB, t-shirt
Ó


rated EAlright, this news is actually a few days old and you guys have probably heard of it already, but just in case you haven't, we'll feature it here on QJ as well.

So. The ESA (Entertainment Software Association) is on Kotaku's case 'cuz they featured a wickedly funny t-shirt made by one smart-assed fella. What's so special about the shirt? Well, it's a spin-off on the ESRB's rating system, and a hilarious one at that.

As you can see from the image on the right, the shirt says "Your Mom's Rated E for Everyone." Funny right? But apparently the ESA didn't find it the least bit funny 'cuz they're demanding that Kotaku take down the post that contains this controversial shirt.

ESA then emailed Kotaku, explaining that their panties are all in a twist (well no, they didn't exactly say that) because (and we quote):

The rectangular box design and tag line on the t-shirt is virtually identical to the ESRB's rating in a box design and tag line (hereinafter "rating in a box design"). We believe that this t-shirt ad will result in consumer confusion, and a substantial likelihood that the ESRB certification marks will face tarnishment and dilution.


Kotaku responded by saying that their post was clearly not an ad and that it was merely editorial content. And they refuse to take down their post because the ESA has no control over websites' editorial content. I can't speak for the rest of the QJ staff, but personally, I really don't see the big deal here. I mean, it's CLEARLY a parody, and it's not like anyone's gonna mistake that "rating" for a real ESRB-issued one. Whatever happened to freedom of speech, eh ESA?

 
 
 

Comments [refresh]

by Dave - 2006-11-11 10:27
» Haha, thats pretty funny

I'd totally buy that shirt!

by rolly poly - 2006-11-11 10:30
» parody

most people know anything copyrighted can be used legally if in a parody or review.



this clearly falls under the parody catagory.

by ESA SUCKS - 2006-11-11 10:38
» ***** THE ESA

***** the ESA what a bunch of gay *****gots

by p0stal_sean - 2006-11-11 10:41
» huh

pretty funny dont see how this can be anyhitng but a advertisement unless they directly use your logo aws there own

by uhoh_hotdogs - 2006-11-11 10:46
» lol

I'd totally buy that shirt.

by r3SpaVVn - 2006-11-11 11:00
» ???

is there a german online shop, too, that sells that shirt?

thats also the reason for my bad english, i'm from germany :)

by Ur moms a slut - 2006-11-11 11:00
» Ur Mom is Rated M for mature only

Where can i buy it. Or i'll just make it

by akuma2099 - 2006-11-11 11:04
» I got one of these

You can buy one from tshirthell.com it actually kinda neat I bought one for my friends birthday since I don't wear t shirts.

by Modroneman - 2006-11-11 11:06
» I can see why they're pissed

It too closely resembles their trade-mark logo. So I don't see how this would fall under a parody, because it states "Rated E for Everybody." And I for one didn't find the T-shirt that funny.

by . - 2006-11-11 11:07
» Link to shirt

http://www.tshirthell.com/store/product.php?productid=762

by . - 2006-11-11 11:09
» .

What the ***** do you mean it's not a parody? Are you blind?

by 360 owner - 2006-11-11 11:10
» sshuuut uuuppp

have a sense of humor...god.. its people like you that ruin a good joke

by Shizomou - 2006-11-11 11:39
» funny

I'd buy one of those in a second if I could find it in a store....

by Mike - 2006-11-11 11:56
» i can see what you mean

This is a gross misrepresentati on of a real rating of the Parental Unit(PU), "Your Mom". Since the rating "E" is being propagated as a factual ESRB rating, it is clearly a copyright violation. Furthermore the confusion this T-Shirt may cause cannot be fully foreseen, as the PU that has been rated may be confused with a PU other than the intended PU in the original review. Simply walking down a crowded street with this T-Shirt has unimaginably damaging potential.



To alleviate any further public outcry and confusion the ESRB have decided to officially review every occurring instance of any PU known as "Your Mom". Send your submissions in a SASE(Self-Addressed-Stamped-Envelope) to



ESRB

911 WeAreNotAmused Blvd.

09110 CrazyTown



The ESRB will release the appropriate rating based on the Review Boards opinion of "Your Mom". Submissions without a SASE will not be returned. Then again..that's probably what you were going for in the first place..

by bop - 2006-11-11 12:10
» p

meaningless threat. this is clearly a parody which is allowed by the first amendment

by Nameless - 2006-11-11 12:14
» Why the uproar?

Seriously, so this Modroneman doesn't really like the joke.



BIG DEAL. No need to get in a hissy fit about it.



And what's with that "Get a sense of humor" bullsh*t? So, he didn't like the joke. Big whoop. It was his opinion. Last time I checked, people were entitled to one of their own. There are plenty of OTHER yo'momma jokes to laugh at anyway.

by Psy - 2006-11-11 12:53
» HAH

haha, great shirt, i think i just found a new avatar.

by remagatsuj - 2006-11-11 13:11
» whats wrong with it???

its only a spoof! i've got alot of spoof t shirts, like the DARE t shirt...it sez "drugs are really excellent".

by JustEaton - 2006-11-11 13:14
» No harm 'cuz it's a joke

That's actually pretty funny 'CUZ it's just a joke. I think it's dumb that ESA complains 'CUZ they think it'll make fans have opinions 'CUZ they might think it's real. Maybe I'm different, 'CUZ I just don't think like that.



P.S. You say 'cuz too much.

by Anonymous - 2006-11-11 13:32
» durr hurr hurr

Heh. If it's not their trademarked logo, they have no legal standing. The ESA is a bunch of sue-happy pussies anyway.

by WraithLeader - 2006-11-11 14:26
» Funny shirt, but blogger misses point...

...that ESA is worried that this kind of shirt will ruin its credibility with moms who know nothing about videogames while they fight to keep games on shelves against all the anti-video gaming laws coming out.

by LOL - 2006-11-11 14:47
» LOL

Damn ESA got soooo.... owned. gotta love the smart asses of America.

by Wow.... - 2006-11-11 14:55
» gj.

QJ.net has some d@mn good writers....you guys have some skill..hehe

you guys make the crappiest homebrews sound good...



n e ways yeah...thats a funny shirt...i wouldnt wear it though...lol too nerdy...kinda immature..



'CUZ SMART-ASS fella..



yeah..btw too many 'CUZ, stop trying so hard..





=P

by ffs - 2006-11-11 15:05
» qj YOU GET PAID!!!???

geez another boring article which ahs nothing to do with the psp scene,and yet you are PAID BLOGGERS.i just cannot get over the fact that someone would employ such lazy gits to operate a blog,i may be wrong but i'm sure it was said somewhere that you get paid,and if so....it just don't bear thninking about.

firstly,you post drivel to satisfy the few random people who have nothing better to do,which kind of takes away from your site which does have some interesting articles...

secondly you really ought to be a bit more sly about things, don't you realise that by posting ***** like this that sooner or later some wise guy from sony or co. will find some law that proves you are supporting the homebrew scene, and it is very obvious you support it so please please don't get yourselves closed down or whatever...

thirdly(and lastly) you seriously need to post a few articles ABOUT THE PSP like on this site i haven't seen jack all about reviews,hints, or infact to be perfectly honest, i haven't really seen anything original posted by qj,i mean by that like 99% of all your articles are either from other sites,old,or from your forums.withouth that there would be no pspupdates.seems to me like youre posting other prople's stuff, which by definition, is NOT NEWS

by Granavatar_ofMe - 2006-11-11 15:43
» Same0

Awesome shirt but i support ESA as long as they sunk Kotaku.

by GaveUpTomorrow - 2006-11-11 18:02
» ...

Unless you're paying them, you have nothing to complain about. And QJ is awesome because it takes all of the news from everywhere and brings it to one site. I'd rather come here and read all of the articles that I could than jump around site after site to get the same info. They are bloggers, and therefore they can write whatever they feel like...even if it doesn't relate to the psp. Remember, they don't make the news, they only report it, so if nothing interesting is happening with the psp (in official or homebrew news), they're bound to through some filler article adds in so that people at least have something to read.

by no one cares - 2006-11-11 18:07
» here's a good yo momma joke

One day I saw your mom walking down the street with a pig in her arm. I asked, "How did you get that pig?", the pig looked at me and said, "I won her at the fair."

by Capagotks - 2006-11-11 18:19
» or....

just use the australians equivilant ( G - General Exebition)

by zanz - 2006-11-11 19:09
» omfg people!!!

this is protected by copyright laws.. that is obviously a parody!!!! therefore is not infringing on anything!!!

by lmfakdjf - 2006-11-11 20:35
» dsklfjsdlkj

can this brick my psp?

by fds - 2006-11-11 23:14
» sdf

not the tiff version

by ,//,llmkk.m. - 2006-11-12 10:38
» ger

STFU

by djvu - 2006-11-12 12:04
» omg.....

"Whatever happened to freedom of speech, eh ESA?"



suddenly qj.net gets shutdown mysteriously..........

by HA - 2006-11-12 14:57
» PWNED ESA PWNED

Thats hilarious good job on whoever made that ^_^

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