Sunday, February 29, 2004

Commercial Names Have Legal Protection, Private Names Don't

(Via UnderReported) U.S. District Judge Alexander Williams Jr. has ruled that a person's private name, barring commercial significance, is not protected under the Anti-Cybersquatting Consumer Protection Act of 1999. This means that, if there is no commercial significance, any individual can create a website named for another person and write whatever they want about that person with impunity.

So, let's see if I understand this correctly. My frustration with the head of the school board, a withered shrew named Dr. Marjorie Mungo [fictitious name], could be alleviated by creating a website, marjoriemungo.com. There I could state that it's been reported that Dr. Mungo spends her free time smoking cigarettes and drinking vodka while watching pornographic videotapes. I could write that her great great grandfather hunted and tortured runaway slaves along the Ohio River. There could also be rumors that she habitually cheated on her exams in college and only got away with it by promising to tattoo "Go Buckeyes" on her buttocks. This could all be done and she couldn't use the Anti-Cybersquatting Consumer Protection Act to stop me because no commercial interest is involved.

Do I read this right?

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