Earlier this week, The Walking Dead “fan” site The Spoiling Dead claimed that they had been threatened with legal action if they spoiled the identity of the victim of a villain named Negan in the upcoming seventh season premiere of the series. Under threat of lawsuit, The Spoiling Dead bowed to pressure from the network and agreed to stop speculating on who that victim will be, but not before the site triggered a round of rumors suggesting who Negan had killed.
This is particularly noteworthy in the case of The Spoiling Dead because the site has a lengthy track record of accurately producing future deaths and other plot points. In fact, it was The Spoiling Dead that spoiled much of the Internet to the fact that Glenn had not died in last season’s third episode by posting photos of him on The Walking Dead set filming subsequent episodes.
Some of the information that The Spoiling Dead receives comes from fans lurking around The Walking Dead set taking photos and reporting back their findings. Occasionally, the information they receive seems to come from sources inside production of the series. They also basically provide entire plot synopses of each episode a few days before it airs. I don’t know who provides these spoiler-filled plot synopses, but I have noticed that the website typically posts them on the same day that critics receive screener links. My guess is that a critic or someone else in the industry close to The Walking Dead provides these spoilers. That critic or other insider is not only a jerk, but he or she is violating the agreement they made with AMC when the network provided him or her with screeners.
Regardless of where the spoilers come from, they are often accurate, which is obviously upsetting to AMC. The network spends millions of dollars to produce these episodes and takes great pains to to maintain the surprise for viewers. Consequently, they hit The Spoiling Dead with a cease and desist letter, threatening to sue under the Digital Millennium Copyright Act (DMCA) if the site continued to speculate on who would die.
Fans of the spoiler site were, unsurprisingly, livid. “Their speculation is probably accurate so AMC is just lashing out like an immature child,” one commenter stated on Reddit. “Well if the writers hadn’t been stupid enough to leave on a cliffhanger, they wouldn’t have to stoop this low. This is the writers’ fault for being so stupid,” chimed in another. A TSD reader commented, “This is outrageous!!! F*cking shame on you AMC,” while another added, “I have gone on record stating AMC are asses. This is more proof of their assery. They will resort to whatever means they can to try to get their agendas pushed.”
There are more than 1500 comments that express similar sentiments.
A similar thing happened last year over on HBO, when that network threatened to sue a YouTube user who was posting videos predicting Game of Thrones plot points that were unusually accurate. The YouTube user, who admitted he received his scoops from an anonymous source, ultimately agreed to pull the videos.
The question many might have in these cases is whether AMC or HBO — if they did decide to follow through and bring suit — would actually win, or are they just using the threat of litigation to scare aways people who don’t have the resources to take the battle to court? The answer to that is not entirely straightforward. Plot details would constitute original creative expression and can be protected under the copyright laws (in fact, there are potentially both civil and criminal statutes against revealing plot details). However, there may be some wiggle room where it concerns fair use. Limited details are certainly allowable — short episode descriptions are often provided in advance of air dates, after all — but revealing who died at the hands of Negan is the exact kind of detail that would likely run afoul of those copyright laws.