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Started by Jerry Isdale. Last reply by Jerry Isdale Jun 21, 2012.
Started by Bryan Berkowitz. Last reply by Brian Thomas Dec 12, 2011.
Started by John Hardin. Last reply by Paul Graydon Sep 1, 2011.
@Karen - My pleasure. @Reichart - We've enjoyed watching your show. I hope the History Channel re-ups for more episodes.
Thanks Daniel and Reichart...I am very much the layperson when it comes to legal matters and appreciate the clarification.
Hi Karen. Not to be pedantic, but the requirement is demonstrable harm, which includes defamation of character or reputation. A written statement made available to a third party + intent (malice in the case of a public figure) + factual inaccuracy + harm - privilege (and a handful of other defenses) = libel.
Also, in order to successfully sue for libel you must show monetary damages.
Here's what I have learned as someone using copyrighted material:
1. You can quote and mock since parody is protected from copyright law
2. You cannot use a trademark w/o permission
3. You can say anything you want on the internet however if someone brings suit against you for libel, your defense is to PROVE that it is true. (Not the same high standards as criminal trials where you have to prove without reasonable doubt)
4. Businesses with trademarks have successfully fought to get back domain names which infringe upon their trademarked name.
5. I don't think, though, that if someone did register something like KarenChun.com and make it into a right wing rant or even a rant against me, that I could do anything about it unless it libeled me. Note all the people "squatting" on domain names hoping someone will pay big bucks for it.
6. If the domain is being used to deceive and defraud people, then I believe you'd have a strong case to get it shut down. Like if I registered paypal4.com and tricked people into giving me their cc #s by pretending to be paypal - that would be a criminal violation and depending on my clout, I could get law enforcement to shut it down. (Paypal most certainly has the clout. You and me? not so much)
I garbled that second sentence. It should read "I was wondering whether Pine could sue..."
John, you can use the slogan.
No Dan has it right. I was wondering whether Pine should could sued for libel, although perhaps the allegations were true. Perhaps she did not have evidence that of who created the website?
I also wonder what are the laws if any about using someone's name without their permission and to discredit them or make them look bad, or just piss them off. For example, say someone created a MyKarenChun.com blog that celebrated right wing causes. Karen should have some redress, no? Would this be in the publicity rights part of copyright law? Identity theft? If we can answer this for the legislators we might avoid obnoxious measures like HB2288
I LOVE : D Fisher's marketing slogan: What happens in Hawaii stays in Hawaii...on servers accessible by the government for two years. can i utilize outside David - with - or without - credits :-)
I think David Fisher was talking about Rep Pine introducing this draconian bill to get her web designer - not the site where her disgruntled web guy sets out the case against her.
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