Disney Owns This Trope
From Tv Tropes
- "3Com only purchased rights to the numbers '3' '5' and '9', Intel owns '4', '8', '6', and '2'. '0' and '1' are still in the public domain."
- -- Donald Becker
Trademarks are distinctive signs or symbols used by a person or company to promote and differentiate their products and services from the competitors. They typically consist of a name, word, phrase, logo, or combination of the four, and are distinctly associated with their brand.
Trademarks belong to a category called intellectual property rights, alongside similar concepts called copyrights and patents. A full discussion of their definitions and purpose is beyond the scope of this wiki, but the three terms all bear a common theme: They acknowledge creation or ownership of something, and provide the owner with some control over how it gets used. If somebody else attempts to use it commercially without the owner's permission (often with an exchange of money involved for such permission), the owner can take them to court and sue for damages.
Now, in Real Life there are certain rules and limitations on what does and does not constitute an infringement, and what is and is not eligible for protection under intellectual property rights laws in the first place. But there are no such limitations in fiction! Some corporations (for example, MegaCorp) are so damn powerful and wield so much influence that they can put a stamp of ownership on literally anything. The grass in your front yard? Patented by a gardening company. The morning sunrise? Copyrighted. The name of your favorite pet? A bright sunny day? The word "the"? Yes, them too. If it exists, then somebody, somewhere, has stamped a copyright or trademark upon it, regardless of common sense or reason, and they'll happily send out their army of lawyers to collect royalties at even the slightest hint of infringement.
Related to Trade Snark, where big companies not only have trademarks on common words, but insist on using the TM at all times to remind people of it.
Some of these examples will seem pretty out there, but as Robert Ripley always said....
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[edit] Examples
[edit] Animation
- In Futurama, Momcorp apparently holds the trademarks on "screen door" and "love".
- In The Simpsons, Disney owns the song notes A-flat and G natural.
[edit] Comic Books
- The Silver Age comic book super-villain, The Prankster, once copyrighted all of the letters in the alphabet and tried to extract royalties from anyone who used them while writing.
- Also in the DCU, Lexcorp owns a little bit of just about everything. In fact, one of their sneakier schemes against the Man of Steel was an attempt to trademark the word "Superman" that would have legally forced Superman to pay them a royalty every time he appeared in public.
- This also became a minor plot point in the Death of Superman storyline -- Luthor attempted to buy Superboy using Matrix Supergirl as "bait". He almost fell for it before he was wooed in by Rex Leech. When a server attempted to stop Steel and the Eradicator from using the shield, the Eradicator tried to flash fry him, forcing Steel to pull him out. When the same guy approached the returned Superman, Supes did things a lot more simpler -- he confronted the clone and pretty much told him give it back.
- A similar event took place in Ultimate Spider-Man. The Kingpin bought the rights to the Spider-Man docudrama that was produced earlier in the comics and all related merchandise. Since he is a crime lord, it proves to be a win win for him. If Spider-Man fights his goons, he makes money. If Spider-Man hangs up the tights, no one will fight his goons, and he will make money.
- In the Batman story "The Laughing Fish", the Joker dumped a version of his toxin into the local waters, and then tried to claim ownership of all the fish that now sported Joker faces.
- A Mad Magazine treatment of Peanuts at the height of its cultural success has Charlie Brown as a megalomaniac executive moving to sue Planter's for using their name on its product, raving "I don't care who came first!"
- Deadpool's symbol is very clearly created to mockingly look like a marketing logo -- which it technically is.
[edit] Literature
- Will Ferguson's Happiness™ is about a self-help book that actually works, turning people into happy zombies and making the publishing company so much money that they trademark the word "happiness".
- The sci-fi short story Tying Knots by Ken Liu. An American researcher goes to an isolated village and learns their method of encoding stories in knots to develop methods of manipulating proteins. He pays them in genetically-engineered rice which can grow in the now-reduced rainfall, but the seeds are sterile (forcing the villages to buy more rice each year) so the villages can't steal the intellectual property from those who invented it. This however does not apply to the 'old knowledge' the researcher has taken from the villagers.
[edit] Film
[edit] Newspaper Comics
- A Close to Home strip made fun out of this: a man and his wife are watching the sunset on a beach, only the sun has mouse ears. Caption: "For crying out loud, is there anything they don't own?"
- In one Fox Trot cartoon, Jason tried to copyright 1 and 0 so that any song released on the Internet would be pirating his work.
[edit] Real Life
- Disney has attempted to copyright characters such as Alice and Peter Pan in New Zealand. It doesn't help that the rights are in various states of public domain and still in copyright in different parts of the world.
- Disney tried to stop release of a 1986 Filmation animated film, Pinocchio and the Emperor Of the Night as well as television broadcast of Fox's Peter Pan and the Pirates, claiming Pinocchio and Peter Pan, two characters firmly in the public domain, as intellectual properties.
- Harry Potter and the infamous fiasco regarding merchandising rights owners Warner Bros.' heavy-handed actions against fan sites in December 2000 (which, according to Harry: A History, was a mistake on WB's lawyers' part).
- Donald Trump has tried to have the phrase "you're fired" trademarked. So has a former contestant on The Apprentice, whom he fired. The application was turned down in both cases.
- Iconic evil organization SPECTRE, along with the organization's equally iconic leader, Ernst Stavro Blofeld, can no longer be used as villains in the James Bond films due to a successful series of lawsuits filed against EON Productions by Kevin McClory over the rights to Thunderball and plot elements introduced in the story. In the movie For Your Eyes Only, Blofeld (and SPECTRE by association), here an unnamed bald guy with a cat, is rather summarily bumped off for good before the opening credits, likely a Take That to the property owner.
- The Swedish comic character Arne Anka ("Arne Duck"), a cartoon duck with a fondness for drinking, sex, classic literature and rants about politics, wasn't popular with the lawyers of Disney, who decided to sue his creator Charlie Christensen. At first, Christensen fruitlessly tried to use logical reasoning, saying "surely Disney don't hold the right to all cartoon ducks?" but then solved the problem by changing the look of Arne, particularly the beak, and then drawing a comic page in which Arne buys and puts on a toy duck beak, so that whenever Disney's lawyers complained, Christensen could point out that Arne wasn't really a duck, he just looked like one because of the toy beak.
- In her column You'll All Be Sorry, Gail Simone parodied the legal dispute between Neil Gaiman and Todd McFarlane with an article about McFarlane copyrighting Gaiman's name and likeness.
- Warner/Chappell Music owns the lyrics of "Happy Birthday To You", and technically any time you perform it in public you owe them money. Hence, restaurants avoid singing it, instead inventing their own ditties.
- Gene Simmons of KISS has a trademark for the little "bag with a $ on it" symbol.
- For the Virtual Console re-release of Star Tropics, the word "yo-yo" was changed to "star" because "yo-yo" is a trademarked name in Canada.
- Also done in the VC re-release for Zoda's Revenge. "Tetrads" were changed to "blocks", and "Tetris" was changed to "Puzzle".
- The Tetris Company has not only trademarked the name "Tetris", but they have also trademarked the Tetromino shapes and the theme song, and Henk Rogers will send cease-and-desist letters to anyone who dares to so much as make a game with falling tetrominoes. TTC has gone so far as to claim infringement on elements of the game which cannot be copyrighted (as ruled by the US Supreme Court in Lotus v. Borland).
- Note that, on top of Lotus v. Borland, Lego already tried to copyright a patent leading to the Supreme Court decision "Trademark law should not be used to perpetuate monopoly rights enjoyed under now-expired patents." With enough money to cover the legal costs, a large company making a profitable Tetris clone would theoretically be able to easily defeat the Tetris Company in court (except for the music). It's just that without the Tetris name, it's hard to make a lot of money selling a Tetris-like game, so no one has bothered.
- Nintendo owns the Sanity Meter. They patented it when they made Eternal Darkness (actually, what they patented was Interface Screw when it goes down).
- Next time you're waiting on a loading screen and wondering why there isn't a mini-game to play while you wait, thank Namco; they have a patent on that.
- There have been jokes for years about Apple owning lowercase "i" and Microsoft owning the letter "e". Microsoft does own the Internet Explorer logo, which is essentially a stylized letter "e". However, they don't own "e" itself, only that particular design.
- When the Apple Macintosh came out in 1984, the ads and manuals had a credit to McIntosh (the people that make amplifiers and such) in them; Apple was later able to claim "Macintosh" as a trademark in itself.
- Apple Records and Apple had a bit of an argument over their name, but since music and computers were distinct markets both continued to use the trademark Apple. But when Apple Computer started selling iPod music players and distributing music through their iTunes store, Apple Records took them to court for stepping on their trademark. And now you know why it took nine years for The Beatles to finally land on iTunes.
- Carl Sagan once sued Apple Computers for using his name as an internal codename for one of their products. Specifically, one of the first Power Macs, whose codenames were based on famous hoaxes; the other models were known as "Piltdown Man" and "Cold Fusion". In response, they changed the codename to "BHA". Sagan sued them again when he found out this stood for "Butt-Head Astronomer". The final name, LAW -- which stands for "Lawyers Are Wimps" -- finally escaped without any litigation.
- When Apple introduced the Mighty Mouse, they went to the trouble of licensing the name from CBS even though the device doesn't use the character's likeness at all. Whether or not it would have been legal otherwise is debatable (it'd be hard to confuse a computer mouse for a cartoon mouse), but Apple apparently wanted to play it safe. Unfortunately, a different company had a trademark on Mighty Mouse for computer mice. That company sued both Apple and CBS in 2008.
- Gulf+Western, one-time owner of Paramount Pictures, was once parodied on Saturday Night Live as the "Engulf+Devour" corporation, because "We own everything... and if we don't own it, we will."
- A company called SmileyWorld Ltd. owns the copyright and trademark on yellow smiley faces. This caused problems in the Watchmen fan community when Smileyworld refused to let Warner Bros. release memorabilia involving the series' famous bloodstained smiley logo. Smileyworld's copyright can been seen on at the end of the movie's trailers and on its posters.
- The Religious Technology Center is an organization established by the Church of Scientology in 1982 to establish and enforce the trademarks and copyrights pertaining to Scientology. Trademarks of the RTC include "Cause," "Celebrity," "Source," and "Super Power." Scientology's use of international trademark and copyright law has been a main source of criticism levied against the organization.
- The Egyptian Government copyrighted its "antiquities," including the Pyramids and the Great Sphinx. These are of course special copyrights, designed to be perpetual, and held by the Egyptian state. The idea is to allow Egypt to profit from its history and give it a claim on stolen artifacts. Many other countries with substantial archaeological treasures, such as China, have similar laws.
- UPS actually trademarked the specific shade of brown they use for their trucks and uniforms.
- Mattel owns "Barbie Pink" and "Hot Wheels Blue."
- The British Royal Mail has trademarked the shade of red they use in their logos. Royal Mail also owns the trademark on the phrase "Special Delivery" in the UK.
- In at least Australia, Cadbury owns the trademark for the color purple.
- In Finland, a metal company Fiskars owns a shade of orange, commonly used for the handles on their scissors.
- Owens-Corning owns the trademark on the color pink, but only as it applies to fiberglass insulation.
- The John Deere company once tried to trademark the distinctive green shade of its tractors, but their application was denied. Mainly because farmers would have lots of green things and they would like all of their equipment to "match" -- seriously!
- Tiffany Blue is trademarked.
- T-Mobile has not only trademarked the color magenta with reference to mobile phones, it even sued Engadget's mobile phone blog for having a magenta-colored logo.
- Kraft's Sanka brand owns the color "Sanka Orange" with respect to decaffeinated coffee.
- The American Tort Reform Association has trademarked the phrase "judicial hellholes". They probably did it so no one else could trademark it and sue them for using the term.
- Monster Cable Products, Inc. has initiated trademark infringement lawsuits against Monster Garage, Monster Energy Drink, Pixar (producers of Monsters, Inc.), the Chicago Bears football team (the "Monsters of the Midway"), Fenway Park for its "Green Monster), and Monster.com, because they own a commercial trademark on the word "monster".
- Ads for Motorola's Droid cell phone note that the word "Droid" is used under license from Lucasfilm.
- Marvel Comics and DC Comics jointly own the trademark to the words "Super Hero" and "Super Heroes."
- Similarly the mark "Swiss Army Knife" is owned jointly by Victorinox and Wenger.
- Paris Hilton tried to trademark her catchphrase "That's hot". It was rejected.
- Former basketball coach Pat Riley owns the trademark on the word "threepeat", having filed the paperwork when the Los Angeles Lakers had a chance to pull one off. The Lakers didn't get there. Ironically the Chicago Bulls won their first threepeat after beating the Riley-coached New York Knicks in the Conference Finals.
- After the Bulls' first three, a group of investors trademarked "Quad Squad" at great expense; for them, neither hilarity nor wealth ensued.
- Likewise, the New England Patriots attempting to trademark "19-0" prior to Super Bowl XLII, something that the rest of the sporting world refuses to let them live down. In fairness, the preemptive copyrighting was probably necessary, as less than a year earlier, the Colorado Rockies coined the term "Rocktober" and then had to pay a lot to buy the mark from some entrepreneur who jumped on it immediately
- Texas A&M University has trademarked the phrase "The 12th Man" referring to the home fans at football games. The Seattle Seahawks have a portion of their website dedicated to their "12th Man," including the "12th Man Ball, "a game ball dedicated to the fans after a crucial win over the New York Giants. The Seahawks clearly state that they use the term under license from Texas A&M.
- The NFL, claiming to own a trademark of the New Orleans Saints catchphrase "Who Dat?," sent cease-and-desist orders to New Orleans-area shirt vendors selling unofficial "Who Dat?" shirts shortly after the Saints entered the Super Bowl. This led to Louisiana senator David Vitter penning a letter to the NFL saying "Who Dat Say You Can't Print Who Dat?" The league also tried, without success, to claim trademark rights to the fleur-de-lis, which the Saints have on their helmets.
- Speaking of the Super Bowl, the NFL has a trademark on the name of that event, forbidding advertisers and media outlets from using it without explicit permission and forcing them to resort to generic-sounding terms such as "The Big Game". (The league, apparently determined to prove its greed and lust for power knows no limits, has also attempted to trademark the phrase "The Big Game", though without success.)
- There's also the NFL's infamous "You can watch the game, but you can't talk about it" statement.
- Chicago area broadcaster Bob Sirott trademarked "OJ TV" during OJ Simpson's first major trial. He trademarked it because he didn't want anyone to use it, ever.
- Soon after passenger Todd Beamer of Flight 93 uttered the words "Let's roll" on his cellphone, profiteers tried to trademark the phrase. Eventually the Todd M. Beamer Foundation was granted a limited trademark for use on audio recordings.
- In the aftermath of the killing of Osama Bin Laden, Disney attempted to trademark "Seal Team 6."
- Oleg Teterin, president of the Russian mobile ad company Superfone, has trademarked this: :) and this ;) and because of the similarity doctrine used in trademark law, all other smiley emoticons created by using punctuation marks. He says he won't go after private individuals who use emoticons in email and such, but will hunt down and sue companies who do. The actual chances of him holding on to the trademark are very, very slim.
- Leo Stoller, a self-styled "intellectual property entrepreneur", trademarked such words and phrases as Stealth, Sentra, Dark Star, Air Frame, Stradivarius, Havoc, Chestnut, Trillium, White Line Fever, Fire Power, Love Your Body, Terminator, and many, many more. Once he trademarked a word or phrase, he immediately launched million-dollar lawsuits against people and companies who were casually using those words. His lawsuits have pretty much consistently been laughed out of court.
- This has brought up much concern for the lawyers of Hasbro, in particular due to their Transformers line having tons of characters with descriptive and generic names. For instance, the character Jazz, who is an Autobot, is now always sold as "Autobot Jazz", because while there are plenty of other places the word "Jazz" could be trademarked, there's virtually no other place where the phrase "Autobot Jazz" could be shoehorned in. Other characters' names had to be changed because someone else had already trademarked them; this is why Hot Rod is now referred to as "Rodimus" -- yes, someone managed to trademark "hot rod".
- Also, Hasbro has to describe Transformers as toys which convert, because calling them toys that transform would risk "Transformers" becoming a generic term.
- Though they have no trademark on it, Cirque Du Soleil unsuccessfully sued Neil Goldberg's Cirque Productions for using the word cirque (French for "circus") in their name and the titles of its Cirque Dreams series of Follow the Leader shows.
- Walmart tried to trademark their smiley face, but failed due to it being too generic. They have since changed their logo to an asterisk-like starburst they call "the Spark."
- Harlan Ellison® has trademarked his own name.
- In 2003, Spike Lee was granted a temporary restraining order which prevented "The New TNN" from renaming themselves "Spike TV". You know how it got over with the mainstream press, which joked that Lee might as well sue the following: Spike Jonze, Spike Jones, Spike from Tom and Jerry, Peanuts, Buffy the Vampire Slayer, etc.
- Nadya Suleman, famous for being the mother of octuplets, applied for the trademark "Octomom". She hates the name, and wants to own it so no one else can use it.
- "Charles Darwin" is a trademark when applied to roses, according to a sign in the Bronx Botanical Garden.
- Kellogg's successfully sued Exxon/Esso for their use of a tiger mascot, claiming it infringed on Tony the Tiger. Though Exxon could still use the mascot, there are strict limits on how it uses it; basically all it can do is smile and wave.
- Fox News claimed the phrase "Fair and Balanced" and sued now-US Senator Al Franken for using the phrase in connection with his book, Lies and the Lying Liars Who Tell Them: A Fair And Balanced Look At The Right. In response, Franken joked that he had trademarked the word "funny", and that Fox had infringed his intellectual property rights by characterizing him as "unfunny." The judge deemed Fox's lawsuit "wholly without merit" and Fox thereupon withdrew it before the judge could rule on whether it was even a valid trademark.
- The BBC owns the trademark for the classic "Doctor Who" police box, because the various Metropolitan Police forces forgot to. Given that the Metropolitan Police abandoned using police boxes by 1969, trying to get that copyright may have proven difficult if they had tried.
- While Adobe's trademarks are quite normal, the guidelines for using them, particularly the "Proper use of the Photoshop trademark" section, are quite ridiculous. A large part of it is that most "Photoshopping" is actually done using (the cheaper) Paint Shop Pro. The best way to piss off Adobe's lawyers is to say you photoshopped something in Paint.NET, Paint Shop Pro, etc.
- Similarly, saying that you Googled something on Yahoo is "Bad. Very, very bad".
- In 2008, three jailed members of the domestic terrorist/secessionist group the Montana Freemen tried to charge the US government millions of dollars for using their names, which they claimed they had copyrighted. The government, in response, added 15 years each to their sentences for conspiring to impede the duties of federal prison officers and extortion.
- There is piano sheet music for "Rhapsody In Blue" by George Gershwin®. Seriously.
- Harley-Davidson attempted to trademark the sound of their motorcycles revving: "The mark consists of the exhaust sound of applicant's motorcycles, produced by V-twin, common crankpin motorcycle engines when the goods are in use." Nine other motorcycle manufacturers opposed the trademark because they use the same type of crankpin V-twin engines (even Harley-Davidson called it "common") and thus made the same sound. The courts, recognizing Harley-Davidson's application for a trademark as being what it was (an end-run attempt to put its competition out of business) denied the application.
- MetroGoldwynMayer naturally trademarked the image of their mascot, Leo the Lion, roaring. But they also trademarked the sound of his roar.
- NBC has trademarked its distinctive "dun DUN duhn..." three tone chime (listen here).
- Similarly, Intel trademarked its "dun dun DUN duhn..." four tone chime (the one that accompanied the "Intel Inside" insignia, which of course was also trademarked.) (Listen here).
- The Harlem Globetrotters have trademarked the song "Sweet Georgia Brown".
- The "deep note" used to notify you that the THX did the sound for the movie you are watching has been trademarked.
- So has the "glissando followed by the words A T and T" been registered as a sound mark.
- Toblerone trademarked the triangular wedge shape as it applies to chocolate bars.
- The Columbia Journalism Review and other journalism journals often run ads from major companies (particularly Coca-Cola, Xerox and Johnson and Johnson) imploring reporters and writers to shy away from the use of brand names as generic terms. In this, they do, surprisingly, have a point, as both "Aspirin" and "Cellophane", which were originally trademarks, were ruled to have been abandoned because of their widespread acceptance as generic terms.
- Paramount Pictures (owners of the Star Trek franchise) has a registered trademark on the words, "USS Enterprise". Never mind the first USS Enterprise was an armed sloop of the U.S. Continental Navy in 1775 and numerous U.S. Navy ships since. Considering Star Trek stole the name off the Navy in the first place, that is chutzpa.
- Paramount has tried suing the Navy to keep them from selling items with the words "USS Enterprise" on them.
- [Nestlé recently all but committed corporate suicide on Facebook when someone not only thought it was a good idea to not only delete the comments of anyone using an altered version of their logo for a profile pic, but act like a bratty teenage girl getting into an argument in the comments section of a YouTube video.] Terrible business practice or a convincing practical joke? Either way, they're a laughing stock.
- Then there is the infamous Universal Studios vs. Nintendo lawsuit, where Universal claimed the Nintendo's Donkey Kong was a violation of their ownership of King Kong. After several months of Universal refusing to officially seek legal proceedings, instead simply trying to get Nintendo to agree to a settlement without litigation, a certain lawyer working for Nintendo discovered that not only was King Kong a Public Domain Artifact, but the court case that officially declared it to be so, was Universal Studios themselves arguing it was in public domain so they could make some cheesy B movies of him in the '70s. Nintendo then proceeded to successfully sue Universal into the ground. Oh and Nintendo went on to thank the lawyer that found it out by first hiring him as their main consul in America, then later naming a certain character after him.
- In 1975, NBC unveiled its new logo, a stylized letter "N" formed from two trapezoids, for which it had spent $750,000 to hire a graphics firm to design, print all-new stationery, etc. As it turned out, the network Did Not Do the Research; not long afterward, they learned that Nebraska Educational Television was already using an almost identical logo (which had cost them only $100 to create). In order to be able to keep the new logo, NBC settled with Nebraska Educational Television by providing them with equipment and cash worth over $850,000.
- NBC would eventually combine the N with their second 11-feathered peacock design.
- Apple may be mentioned further up, but seriously, listen to this: the shape of an iPod is a registered trademark. Unless you are Apple, you are not allowed to use a rectangle with rounded edges if you make computers.
- The distinctively-contoured Coke bottle is trademarked to the Coca-Cola Company.
- "D'oh!" is trademarked by 20th Century Fox.
- Games Workshop owns copyright for the term "Space Marines" and various other things relating to Warhammer and Warhammer 40000.
- They also claim ownership of a large amount of terms ranging from the specific (Tzeetch and Cadian, for example) to the more everyday (Epic and Inferno). They also claim the Double Headed Eagle motif, despite the fact that was in use by various nations nearly a millennium ago
- When the Malcolm X movie came out Warner Bros. was dismayed to learn that they couldn't trademark the letter "X," so a lot of merchandise was produced without anyone having to pay them royalties.
- The company owning the copyright for The Three Stooges managed to essentially trademark a pronunciation, Curly's "Soitenly!"
- Universal studios is currently in the process of creating a Darker and Edgier film based on the fairy tale, "Snow White and the Seven Dwarfs." At a Comic Con panel with the director, he stated that they got into trouble with Disney over it, and so their movie has to have eight dwarfs. That's right, Disney was able to restrain the details on a centuries-old fairy tale. Had Disney fully gotten their way, they'd have the rights to control everything Snow White in any medium except for literature.
- Gene patents. Sure, you can claim that once separated from a body so that they can be looked at, they aren't really part of the human body or whatever...but it's STILL HUMAN (or whatever) GENETIC MATERIAL. This not only tends to impede research for disease treatment, but also can be more than a bit scary when you realize that parts of your genome are actually owned by various entities...
[edit] Television
- In the Doctor Who episode "Dalek", it was revealed that billionaire Henry van Statten "owned the Internet".
- In Psychoville the man in charge of the production of Snow White says that they are forbidden to use the names in the Disney film for the dwarves. This is actually correct -- Disney originated those names and character designs for the dwarves, so it owns them.
- In the special Eretz Nehederet episode dedicated to the massive summer 2011 protests in Israel, a tycoon impression (Eran Zarkhovich with an Angry Birds-esque pig for a head) was featured. Host Eyal Kitsis went over a list of his assets, which included, among many others, the phrase ‘Holy shit, get a load of those tits!’ and the word ‘morning’.
[edit] Webcomics
- Francis of PvP attempts to trademark a black pixel and white pixel.
- In God(tm), the intellectual property of God and all related characters are owned by a certain animation, media, and theme park corporation.
- In Ozy and Millie, fire is the intellectual property of dragons, who reap a side benefit of their ownership being extended whenever Disney extends its copyright on Mickey Mouse.
[edit] Web Original
- [This] bash.org quote.