Today I have a very special post. I will document companies that are acting like greedy, bratty children on the internet – either to limit legitimate freedom of speech of another or to take the domain name of another.
(update note: changed post title, the post has nothing to do with Powerline, I just happened to click "blog this" when at powerline to copy-and-paste my own post from MS word, and forgot to change the title)
The basic rules:
1: People who snatch a domain name after it expires because the current domain name holder neglected to renew payment are SOBs, especially if they attempt to replicate the previous site for commercial (money-making) reasons, make a site very similar to the previous site for commercial reasons, or sell it back to the original owner. Those who take a domain name and replace it with a hate site ("X company is Satan, go firebomb it"-type content) or with content that the average viewer of the website did not intend to see, mainly porn.
2: people who send cease-and-desist letters to longtime holders of a domain name, and those holders actually use the domain name – the page has content and is upgraded as often as the nature of the content dictates (technology websites should update frequently, history websites can go years without change and still be "recent"). Pages that haven't changed for 3 years because some content marks the page as 'used' do not count as protected in my book.
3: lawyers who don't follow up on a cease-and-desist claim, especially claims loaded with threatening content and sly attempts to make the domain name holder to respond in a way that would harm their claim, are almost certainly smut who should have their legal licenses investigated.
4: people who use a domain name relevant to the content of the website or to the reason for its creation have a right to that domain name, even if it is similar to the name of any well-known company or association, as long as the website does not attempt to mimic, defame, or harm the company or association.
Might I add, I want to credit the Internet Archive, www.archive.org for preserving websites. It is an unexpectedly useful resource, as many sued websites are forced to remove their content, and the Archive stores many different copies of the website, so content can be researched often on a month-by-month basis. Additionally, the Archive preserves invaluable websites that are taken down for other reasons, such as the owner no longer having interest in preserving the website or paying for its badnwidth and domain name (websites like villainsupply.com If you look this up on the archive, press control-a to highlight everything on the page, because the text is white and the archive didn't preserve the black background, so the text is invisible otherwise).
And now, I present the SOBs and their victims:
Case 1;
Bastard mega-corp: Nissan Motor Company
Victim: Nissan Computer company
Info: Mr. Nissan (computer company owner) has some information
here, on an archived copy of his website. Mr. Nissan has used his name for various businesses for twenty years, when the car company was known as Datsun, and created the website for his computer company in 1994. The Nissan car company has filed a petition for the US Supreme Court and seeks $10 million in "damages"
Other information sources:
60-seconds Quote from this guy:
If Uzi were in the car business it would remind me of the famous Howard Johnson's case. The national restaurant chain wanted a certain Mr. Howard Johnson to close down his small town restaurant in Ohio. Having nothing to do with the giant, Mr. Johnson had named is restaurant with his own, legal, name some years before. The supreme court ruled that indeed Mr. Johnson from Ohio did in fact have legal rights to the name and ruled in his favor. However, he was restricted to using the name in Ohio only. Not a big deal.
And
Saint Petersburg Times, which cites Nissan Motor's badgering of Mr. Nissan for a price, in order to help them in court. Mr. Nissan stated "You know what? $15-million! Now do you understand that I don't want to sell?"
How it should have been resolved: Nissan car company should have given Mr. Nissan $50,000 and the domain name nissancomputers.com (the car company would buy it for Mr. Nissan). Plus, perhaps, a free or extremely-discounted car. The drawn-out legal battle has cost Mr. Nissan upwards of $1 million, possibly around or above $2 million.
My ruling: Nissan Motors gives $3.5 million to Mr. Nissan and ceases all lawsuits, and covers any outstanding legal bills. Mr. Nissan keeps a permanent advertisement on the front page of his website (it can be a movie, perhaps 250X250 pixels, but not that annoying semi-popup type that will move around the page and in front of content), and a small note on the top of every page identifying the website as not that of Nissan Motors, and providing a link to Nissan Motors. Mr. Nissan can sell his website to Nissan motor company if he wishes, and doing so would be considered no violation of the agreement.
Case 2;
Bastard evil-corp:
Seattle Financial GroupVictim:
One Stop Real EstateInfo: One Stop Real Estate acquired the domain Seattle-mortgage-loans, which is an accurate description of what the company does. The "one stop" claim comes from the fact that in this family business, the husband is a mortgage broker while the wife is a real estate agent. One day, Seattle Mortgage sent a cease & Desist letter to One Stop Real Estate, claiming that the term "Seattle mortgage" is trademarked. To the best of my knowledge, Seattle Financial Group doesn't have an enforceable trademark on "Seattle mortgage" because the term is quite generic (like "kleenex" or "cola", but those terms are generic due to common use, not because they are associated with something other than a company). Fortunately for the little guy, it looks like he will be able to get a good lawyer(s) who have gone up against the larger firm before, and who specialize in internet trademark cases.
My ruling: the lawyer for Seattle Financial Group runs head-first into a wall. A hard wall, and fast. Then, each Seattle Financial Group and its law firm pay $10,000 to each One Stop Real Estate and the law firm that represents it. One Stop Real Estate's legal representative sends a fruit basket to the Seattle Financial Group's lawyer, who is in the hospital to recover from head injuries.
More to come, once I have time to write it. And, if you're wondering about the current court cases on display in the news circus: for 10 commandments, allow on public property where the monument has some relevance. Thus, the commandments are allowed in and around courts, libraries, ect, and just about anywhere in cities where religion played a particularly strong role in that city's history. Size of monuments should be limited logically; no 200-foot-tall "jesus loves you!" signs. The only people who would actually want such a sign are arrogant, have a superiority complex, and take satisfaction from shoving their religion in someone else's face. Sadly, there was one idiot who bought a 50-foot neon sign to display some passage from the bible. I hope that a similar sign saying "Allah akbar" ("God Is great", I think) is put on one side, and "There is no god" is put on the other side. Not sure where the Star of David would fit, but that problem could be worked out later.
With these 10 commandment cases, I have to think back to the Texas sodomy case, and how retarded the people on the "anti-sodomy" side look. During the case, I believe the nation was split, probably around 70/30, in favor of legalizing sodomy, but that is a horrible guess and I have nothing to support it. Today, I expect 87% to 93% of the US public to fall on the "legalize sodomy" side. Arguments based purely on a few lines from the bible don't hold up well after a few months, much less 2 years.
On the child death penalty ruling, I think the court made a bad decision. The reasons given (international opinion and national opinion are what set off alarms) A good article is
here. Everything said in the article is logical, and I agree with it; but, I have some concern about endorsing something at 1 AM when I had 3 hours of sleep the night before.
The best point in the article comes at the end,
The "living document" faction doesn't want to go through the constitutional process (of amending the constitution). It would rather have judges legislate from the bench. That's why it's so important for President Bush to nominate judges who aren't so tempted — and for the administration to go all out to win their approval.
Few people will point out that both political parties want to have judges legislating from the bench, as long as that legislation is in their favor. I first noticed this when I read Cincinnati's (perhaps it was for all of Ohio, I don't really know) anti-gay marriage bill, which actually required judges to interpret the intentions of legislatures who made the law. More specifically, the bill not only outlawed gay marriage, it declared that any law made with the intent of providing the equivalent of marriage for homosexuals was unconstitutional. The word "intend", or maybe it was "intending", was actually in the bill in a context very similar to the above. So, the judges have to guess at the intention of the lawmakers, because a bill passed by those against judges 'following the intention of the lawmakers, rather than the strict word of the law'. How many people here have read the Constitution? I'll argue that it's impossible to follow the Constitution based strictly on its text; the text is over 200 years old, and grammar has changed so much that it takes several readings to understand. The intention of the framers of the constitution must be interpreted to find out what the framers actually mean, because the Constitution doesn't provide much compensation for the evolution of languages.