Wormism is spreading!

Don't generalize, people are individuals, judge people individually on their own merits. Culturally there can be some things you can generalize as many are exposed to said culture throughout their lives and things get normalized. But not everyone will follow everything in their own culture.

"x race are some of the smartest people" is a dumb generalized statement, being japanese doesn't automatically make anyone smart. Human intelligence vary, culture and educational systems have an impact but smart people are smart regardless. Whale hunting is down to bad education regarding the subject, not due to people being intelligent or not in general. People are people regardless of where they come from.

Commercial operation shouldn't matter, what if a comedian does a parody of something for their standup show and then sell a DVD as well of it.

What about comedy skits parodying certain movies? There's legitimate cases where you should be able to parody things and get money from it. Toys included. Remember the garbage pail kids lawsuit? Or Uri Geller going after the Pokemon company because of Kadabra's spoon bending.

Lawsuits like it limit things and is not good from a consumer standpoint, we've had no new Kadabra cards ever since because of that.

It is fair use regardless of what ends up getting ruled. It's one thing to flat out steal something, it's another to be transformative for the sake of comedy, which is exactly what's happening here, even if that comedy is in poor taste.

As much as I hate that toy, I hope blackeyedpeas loses, or else future things that should fall under parody could be affected with examples like this.

It's so obviously a parody with the intention to make it funny and referecial, not copy the original piece. Anyone should be able to do so for that purpose.

It's not about the stupid unicorn video, but about everyone else who wants to parody or reference something in their work.