Interesting news on the First Amendment and Internet front comes from TechDirt.com. Apparently, a joke on Fark got a little out of hand, or perhaps it's really in-hand, depending on your point of view. Anyway, a person, based on the phone number provided, probably in Austin, Texas, registered the domain names GlennBeckRapedAndMurderedAYoungGirlIn1990.com and DidGlennBeckRapeAndMurderAYoungGirlIn1990.com.
There are a few interesting things about this. The website is clearly a parody, which is a protected form of expression, even for trademarked material. It's an attempt to parody Beck's alleged tactics of creating a rumor then reporting on it in order to substantiate the rumor. (This isn't the place to debate whether or not Beck actually does that, nor is it the place to debate the appropriateness of the tactics.)
Beck's lawyers responded (pdf) with a cease-and-desist against the registrar and the host. The host is located in Montreal, Quebec, Canada, (pdf) putting it outside the reach of U.S. law. They then filed a complaint (Flash required) with the World Intellectual Property Organization (WIPO) and the Internet Corporation for Assigned Names and Numbers (ICANN) under the Uniform Domain-Name Dispute-Resolution Policy (UDRP) claiming that the website infringed on its trademark of the name "Glenn Beck."
While there's a pending trademark on the name "Glenn Beck" (pdf), let's set aside trademark law for a moment and consider whether or not it's an appropriate use of the Uniform Domain Name Resolution Policy to shut down criticism. It seems there's pretty good precedent to the contrary. But should the U.S. and world IP policy permit free speech to be shut down in this way, when it is clear that this website is a parody?
Comments
Glen Beck & Sean Hannity?
Are you saying they have a socialist love child? Seriously? Because, they did not deny this allegation? It's impossible for those two to have a love child together, it's more reasonable to surmise this child came from a possible earlier raping incident. That could have happened at Hannity's home at hands of Glen Beck. I'm not saying any of the aforementioned actually took place, but, it is a more reasonable answer to how a love child by the two popped up.
After all neither are denying this new allegation that has been made, quiet frankly they need to! Or reasonable people may reasonably think such event(s) have taken place.
Update
The Website's owner has responded to Glenn Beck's UDRP complaint. It's definitely a worthwhile read, even though the author doesn't seem to think much of traditional legal style or, you know, citing some of his sources.
Glenn Beck raped and murdered a young girl in 1990?
I am not sure if I believe that Glenn Beck raped and murdered a young girl in 1990 even if he didn't. Although it does make me wonder if Glenn Beck raped and murdered a young girl in 1990 since he is not denying it. If I was Glenn Beck and someone reported that Glenn Beck raped and murdered a young girl in 1990, I would deny it or else other people might believe that Glenn Beck raped and murdered a young girl in 1990. At least Glenn Beck and Sean Hannity do not have a socialist love child. Unless, of course, they do. In which case they both need to deny it or else everyone will know that Glenn Beck and Sean Hannity have a socialist love child.
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