Maui Techies

Comment

Comment by Karen Chun on January 27, 2012 at 12:17pm

Oh crap - look at proposed HB2762 -- Write your reps urging NO

"§481B-     Web designers and developers; prohibited acts.  (a)  It shall be unlawful for any person who provides web design or development services for compensation to:

     (1)  Use in the web page or website design or programming any graphics or other material or software that the person is not authorized to use, including copyrighted material;

     (2)  Design or program the web page or website to include material that is not approved by the customer;

     (3)  Claim ownership of the web page or website after the person has completed the job; or

     (4)  Use any material at any time obtained from the customer's computer, including e-mail and e-mail addresses, without authorization from the customer.

     (b)  As used in this section, "web designer" or "web developer" means a person who designs or creates a web page or website, or programs a web page or website, or both."

Comment by Karen Chun on January 27, 2012 at 11:58am

What the article doesn't really make clear that it is mostly GOP behind these bills with some DINOs doing favors for them.

Here's the article: http://www.civilbeat.com/articles/2012/01/27/14712-hot-issue-at-the...

I'm wondering if the whole reason behind trying to put web designers in prison for "impersonating" politicians is not only Rep Pine but also this:

http://ElectLingle.org  (a tongue in cheek parody of Linda Lingle)

As for Pine, her website designer's actions were highly unprofessional (no matter what I wouldn't do something like this to a deadbeat client - the only time I had a client make noises like they weren't going to pay, I said, "Not a problem.  I guarantee 100% satisfaction. I'll just put it back like it was before and you won't owe me anything."  That called their bluff, and they were all, "no, no, I'll pay")

But illegal?  No.  Sounds like Pine brought it on herself.  Yeah, unprofessional.  No, not a crime.

Comment by David B. Fisher on January 27, 2012 at 11:47am

Good discussion. There is an interesting Civil Beat story today covering yesterday's hearing. What Karen heard from Rep. McKelvey is very different than what they heard. McKelvy wants ISP's and prosecuters to come up with a consensus, he is watching the Fed equivalent bills, but that one way or another HI will address this problem, even if the Fed doesn't. It would be in the interest of the tech community to have a voice in designing solutions.

Comment by Daniel Leuck on January 27, 2012 at 11:27am

@Karen - My pleasure. @Reichart - We've enjoyed watching your show. I hope the History Channel re-ups for more episodes.

Comment by Karen Chun on January 27, 2012 at 10:30am

Thanks Daniel and Reichart...I am very much the layperson when it comes to legal matters and appreciate the clarification.

Comment by Daniel Leuck on January 27, 2012 at 12:08am

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.

Comment by Karen Chun on January 26, 2012 at 5:18pm

Also, in order to successfully sue for libel you must show monetary damages.

Comment by Karen Chun on January 26, 2012 at 5:17pm

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)

Comment by John Philpin on January 26, 2012 at 4:32pm

thanks David. 

Comment by David B. Fisher on January 26, 2012 at 4:19pm

I garbled that second sentence.  It should read "I was wondering whether Pine could sue..."

John, you can use the slogan.

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