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View Diary: Occupy Chicago:Occupied Chicago Tribune Copyright Challenge (33 comments)

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  •  Why focus on newspaper names? (0+ / 0-)
    1. Looking at cybersquatting and the preemption of personal or copyrighted names, service marks, trademarks, etc. is one track, but also...
    2. Look back at the Microsoft v. Lindows debacle, and Microsoft's attempt to copyright the very word, "windows" - never mind the construction industry.
    "Whether by using the domain name, the registrant has intentionally attempted to attract, for commercial gain, internet users to the registrant's website, by creating a likelihood of confusion with the complainant's mark."
    Is likely to be the most damaging argument. If the site was a parody instead of a competitor, this might not be the case.

    The Tribune complaint is going to be taken seriously.

    I would be more comfortable about the chances for "Occupied Chicago Tribune" if they had called it "Occupy The Chicago Tribune".

    Supply follows consumption. You cannot stimulate consumption by crushing the consumer. Deal with it.

    by Zera Lee on Thu Jun 14, 2012 at 11:45:03 AM PDT

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    •  Because the press is treated differently (0+ / 0-)

      regarding copyright.

      Education is a progressive discovery of our own ignorance.

      by Horace Boothroyd III on Thu Jun 14, 2012 at 11:53:16 AM PDT

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      •  In what they publish, yes. But in how they name (0+ / 0-)

        themselves? How so?

        Supply follows consumption. You cannot stimulate consumption by crushing the consumer. Deal with it.

        by Zera Lee on Fri Jun 15, 2012 at 01:17:48 PM PDT

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        •  Interesting but voluminous reading. (0+ / 0-)

          I'm still looking for citations for information I learned in Intro to Journalism ages ago.

          No way related to the matter at hand except it involves a newspaper.

          Without attempting to summarize the contents of the voluminous exhibits attached to the complaint, we deem it sufficient to say that the articles charged, in substance, that a Jewish gangster was in control of gambling, bootlegging, and racketeering in Minneapolis, and that law enforcing officers and agencies were not energetically performing their duties. Most of the charges were directed against the chief of police; he was charged with gross neglect of duty, illicit relations with gangsters, and with participation in graft. The county attorney was charged with knowing the existing conditions and with failure to take adequate measures to remedy them. The mayor was accused of inefficiency and dereliction. On member of the grand jury was stated to be in sympathy with the gangsters. A special grand jury and a special prosecutor were demanded to deal with the situation in general, and, in particular, to investigate an attempt to assassinate one Guilford, one of the original defendants, who, it appears from the articles, was shot by gangsters after the first issue of th per iodical had been published. There is no question but that the articles made serious accusations against the public officers named and others in connection with the prevalence of crimes and the failure to expose and punish them

          Education is a progressive discovery of our own ignorance.

          by Horace Boothroyd III on Fri Jun 15, 2012 at 02:07:27 PM PDT

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        •  I think it fell under prior restraint (0+ / 0-)

          Insofar as the intent is not assumed to be to poach readers through deception.

          The fact that for approximately one hundred and fifty years there has been almost an entire absence of attempts to impose previous restraints upon publications relating to the malfeasance of public officers is significant of the deep-seated conviction that such restraints would violate constitutional right. Public officers, whose character and [283 U.S. 697, 719]   conduct remain open to debate and free discussion in the press, find their remedies for false accusations in actions under libel laws providing for redress and punishment, and not in proceedings to restrain the publication of newspapers and periodicals. The general principle that the constitutional guaranty of the liberty of the press gives immunity from previous restraints has been approved in many decisions under the provisions of state constitutions. 11
          But I'm not certain.

          Education is a progressive discovery of our own ignorance.

          by Horace Boothroyd III on Fri Jun 15, 2012 at 02:13:22 PM PDT

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