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LSU Law School Sues Student Over Website

hij writes: "The NY Times has an article that gives details about how the LSU Law School is suing one of its own students for a web site he maintains. The web site contains information about the Law School and also includes articles that are critical of the Law School."

198 comments

  1. If you lay down with pigs..... by Patrick+May · · Score: 0, Funny

    . . . you're likely to get sued.

    1. Re:If you lay down with pigs..... by Anonymous Coward · · Score: 0

      That was a boring comment...

    2. Re:If you lay down with pigs..... by Anonymous Coward · · Score: 0

      At least 2 moderators agreed with you. I suggest you 3 are illiterate and dim-witted.

  2. and if he did this in Med school... by The_Fire_Horse · · Score: 0

    ... they would surgically remove his balls!

  3. Wrong information. by Anonymous Coward · · Score: 0

    Being sued by your school and defending yourself in court is a required exam for any law student.

  4. Student sueing his own student? by B.+Vhalros · · Score: 1, Offtopic

    What the hell does that even mean? Check your grammer guys.

    1. Re:Student sueing his own student? by Gordonjcp · · Score: 2

      Nope, a grammer is a machine for weighing accurate and repeatable amounts of something. The trolls use these to produce gram-accurate doses of crack to smoke. Hence the name "grammer".

  5. Link by Alien54 · · Score: 4, Funny
    The Site in Question is lsulaw.com.

    Now maybe we can do what the school wants to do and take down the site with a good slashdotting.

    --
    "It is a greater offense to steal men's labor, than their clothes"
    1. Re:Link by DNS-and-BIND · · Score: 1

      Don't forget the New York Times Random Login Generator for those annoying NYT links. Now, you can link directly to the article in question, and a fresh login is generated every time.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    2. Re:Link by RatOmeter · · Score: 1

      "... take down the site with a good slashdotting."
      Actually, his site is holding up pretty well. When I first checked at about 8:30 CST, his site visit counter was at 2375. As of this post at about 11:45 CST, it's 7385. Loads a little slow, but otherwise doing well for having been slashdotted.

      I can only hope the legal worms at LSU find a bad aftertaste from the negative publicity garnered by trying to chew this guy up in court. Over 5000 visits to his site in a little over 3 hours... maybe we should drop a few negative emails to marc@tpbp.com (the shys^H^H^H^Hlawyer representing LSU). Let him know what we think about frivilous lawsuits.

  6. Soon.... by goneaway · · Score: 4, Funny

    The Simpsons will be the only legal method of criticizing anything.

    --
    your = it belongs to you. you're = a contraction of you and are. Got it now?
    1. Re:Soon.... by Graspee_Leemoor · · Score: 2

      I think the actual quote is more like:

      "When I hear the word 'culture' I reach for the safety catch on my pistol"

      graspee

    2. Re:Soon.... by DNS-and-BIND · · Score: 2, Interesting
      It's been well-known for centuries that only fools and comedians are allowed to tell the truth openly, without fear of retaliation.

      I think there's some Shakespeare about this situation, but as I can't stand Shakespeare, I don't remember it.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    3. Re:Soon.... by wine · · Score: 2, Informative
      .. or not even that. Quote from BBC:

      The makers of US cartoon family The Simpsons are facing legal action after Rio de Janeiro's tourist board complained about an episode that made fun of the city.

      It showed the main character Homer being robbed by street children and kidnapped by an unlicensed taxi, and monkeys overrunning an orphanage in the Brazilian city.

      The tourist board said it could take a joke - but that the episode went too far and undermined an £18m (£12.5m) advertising campaign to attract visitors to the city.

    4. Re:Soon.... by Anonymous Coward · · Score: 0

      Shakespeare? If he'd've lasted until the trial, they'd've sued the frills off the twit.

    5. Re:Soon.... by Anonymous Coward · · Score: 0

      "The episode also [showed]...slums [in Rio] as dirty and dangerous."

      Wait a minute...what's with the slums remark? Being dirty and dangerous is the definition of a slum. If they are not dirty and dangerous, then they are not slums. Are we supposed to believe that slums in Rio are somehow exempt from this definition?

      Now... I feel I should state thatI don't intend to come off as insulting to the parent (or to anyone really), but I just felt like pointing that out.

    6. Re:Soon.... by Rentar · · Score: 2

      So we just have to bribe the right people to make Bart write the DeCSS source code or another interesting message on the blackboard during the intro.

    7. Re:Soon.... by Archfeld · · Score: 2

      LOL that is a good idea, maybe he could write

      " the DMCA sucks the DMCA sucks the DMCA sucks"
      over and over and over :)

      --
      errr....umm...*whooosh* *whoosh* Is this thing on ?
    8. Re:Soon.... by _Knots · · Score: 1

      "Support bacteria! It's the only culture most people have." ^_^

      Random offtopic commenting. I apologize profusely.

      -Knots

      --
      Anarchy$ dd if=/dev/random of=~/.signature bs=120 count=1
    9. Re:Soon.... by Anonymous Coward · · Score: 0

      The Simpsons sued?? Is nothing sacred anymore?

    10. Re:Soon.... by Anonymous Coward · · Score: 0

      Worst attempt at insightful humor ever!

  7. Looks like the student is gonna make a good lawyer by atari2600 · · Score: 5, Informative

    From the article

    The site's home page bears a disclaimer saying it is not affiliated with the law school.

    Mr. Dorhauer has studied the law of domain names and said he was confident he would prevail. Legal experts who have inspected his Web site said he had a good case.

    Ms. Esman said the school had made a mistake in asserting that Mr. Dorhauer aims to make money from the site. "They do seem to be focusing their complaint incorrectly on commercial uses," she said. "He's not offering any services whatsoever



    Well it looks like the school should have talked more to the young man before suing him outright - after all he wasn't making pennies and he did have a disclaimer that his site has nothing to do with the law school

  8. I think he should change his site. by PD · · Score: 4, Insightful

    The site doesn't pop right out as a criticism site. If he named the site lsulawsucks.com and put his criticisms on the front page, I'd say that LSU was being a bully. But, the front page of his site has all sorts of helpful links to admissions, grading scale conversions, etc. that one would EXPECT to find on an official university page. He doesn't even have a disclaimer on the front page. Based on that, I'd say that his site could definitely be confused with an official LSU site.

    He should change his site to make it completely obvious that it's not an LSU site. If it's a criticism site, then he should drop the helpful links to various university departments.

    1. Re:I think he should change his site. by Per+Abrahamsen · · Score: 2

      There is a small disclaimer at the bottom.

      I have no opinion on the legal issue, but from a curtesy point of view, I believe there should have been a large visible link to the official site near the top of the page. It really does look like an official site.

    2. Re:I think he should change his site. by jhunsake · · Score: 1

      The disclaimer is on the bottom.

    3. Re:I think he should change his site. by rbeattie · · Score: 3, Insightful


      I agree with you - though he does have this at the bottom of the front page: "Not affiliated with the Paul M. Hebert School of Law" I don't think that's enough.

      The design of the site isn't amatuer at all (a hell of a lot better than some University sites I've seen) it doesn't have a tag line that would help a random reader understand at first glance. Something like, "An actual student's helpful guide to LSU Law" near the top or something like that would go a long way to avoiding confusion.

      Whether it's illegal or not, I don't know, but it doesn't seem like a horrible claim to me.

      -Russ

      --
      Me
    4. Re:I think he should change his site. by macshit · · Score: 2

      The site doesn't pop right out as a criticism site.

      That's because it's not a `criticism site.' It's just this student's personal website about various lsu law-school related stuff, which happened to contain some criticism (and presumably a bit more now that they're suing him!).

      From the article, it sounds like he thought that the original `criticism' was not very major, and was surprised that they cared at all.

      --
      We live, as we dream -- alone....
    5. Re:I think he should change his site. by anthony_dipierro · · Score: 2

      But, the front page of his site has all sorts of helpful links to admissions, grading scale conversions, etc. that one would EXPECT to find on an official university page.

      God Forbid! Someone helping LSU students without permission of the school! We certainly can't have that!

    6. Re:I think he should change his site. by Saib0t · · Score: 4, Insightful
      The design of the site isn't amatuer at all (a hell of a lot better than some University sites I've seen) it doesn't have a tag line that would help a random reader understand at first glance.

      So, by your standards, a person making a web site about his school or about any "official" organisation should make his website look crap for the viewers to easily make the difference?

      And about the tag line, there's a line on the bottom of the site stating "Not affiliated with the Paul M. Hebert School of Law" just like the one present on the official site that states (on the bottom too) "Official website of Louisiana State University Paul M. Hebert Law Center." I think that's enough to make a difference. Why would a "non official" website need to make its "not being official" clearer than the official one?

      Why is there a need to say that you're not the official website anyway? Not to mislead people? AFAIK, that applies only if the website is (intentionaly?) misleading, which doesn't seem to be the case here...

      --

      One shall speak only if what one has to say is more beautiful than silence
    7. Re:I think he should change his site. by rbeattie · · Score: 2


      ...should make his website look crap for the viewers to easily make the difference?

      Of course not... I'm saying that because his site is good looking, it doesn't give the reader immediate visual feedback that maybe this site isn't created by a professional organization like the school itself.

      ...only if the website is (intentionaly?) misleading, which doesn't seem to be the case here...

      I disagree. I think the guy intentially places the disclaimer so small at the bottom of the page to encourage confusion.

      -Russ

      --
      Me
    8. Re:I think he should change his site. by PD · · Score: 2

      God Forbid! Someone helping LSU students without permission of the school! We certainly can't have that!

      You know as well as I that is not an issue. The issue is that the site looks very much like an official site, and the links add to that effect in the way they are used. So save your sarchasm.

    9. Re:I think he should change his site. by anthony_dipierro · · Score: 1

      So what if the site looks like an official site? The kid ain't hurting anyone, I say he should be able to keep doing what he's doing.

    10. Re:I think he should change his site. by Saib0t · · Score: 2
      ...only if the website is (intentionaly?) misleading, which doesn't seem to be the case here...
      I disagree. I think the guy intentially places the disclaimer so small at the bottom of the page to encourage confusion.
      It's the same size as that on the official page...
      Professional looking website don't put disclaimers on top of their page in large fonts, they distract you from the real content...

      Of course, there's the exception of extremely important disclaimers and even then, look at the page you're currently looking, right at the bottom, in small prints, there goes the disclaimer: " All trademarks and copyrights on this page are owned by their respective owners. Comments are owned by the Poster. The Rest © 1997-2002 OSDN." and IMHO, that's a much more important one that stating whether you're an official website or not.

      --

      One shall speak only if what one has to say is more beautiful than silence
    11. Re:I think he should change his site. by jgerman · · Score: 2

      I disagree. I think the guy intentially places the disclaimer so small at the bottom of the page to encourage confusion


      Oh just like the stuff on just about ANY contract drawn up by a lawyer. I don't have much sympathy about this aspect of the site for a bunch of lawyers who do this kind of stuff on a regular basis. Small print was something invented for lawyers so companies could legally disclaim or put clauses into a contract that would be less than appealing to the consumer with the hopes that they wouldn't read it. Case of their own medicine I'd say.

      --
      I'm the big fish in the big pond bitch.
    12. Re:I think he should change his site. by Anonymous Coward · · Score: 0

      I was indirectly threatened by a lecturer at my university for essentually helping other students.

      His basis was copyright violation, which it may technically of been, but all i did was take the notes and clean them up, clear out inaccuracies and post them so my class mates could read them also in a ledgable version.

    13. Re:I think he should change his site. by lildave333 · · Score: 1

      Just because it doesn't just pop out as a criticism site doesn't mean Jack shit!! Do the television commercials, print and radio ads come right out with the legal stuff first or do they put it in extremely small print at the end of the add or say it so fast you can't understand them anyway?!

    14. Re:I think he should change his site. by Mizery+De+Aria · · Score: 0

      Uhm, at the bottom of the "main page" you can read "Not affiliated with the Paul M. Hebert School of Law."

      --
      If you're religishitty, KILL YOURSELF!
    15. Re:I think he should change his site. by GemFire · · Score: 2

      This is a LAW school. If the students are subject to confusion as to whether or not this is the genuine school site, they should be booted out as unsuitable to become lawyers. Fine print and disclaimers are standard tools used by lawyers to protect them (or the company they are representing) from litigation. If the students aren't reading the disclaimer, that's their problem - they need are obviously in need of a lesson in disclaimers and fine print.

      --
      Don't just complain - DO something about it!
    16. Re:I think he should change his site. by Danse · · Score: 2

      Official institutions put practically all of their disclaimers in small print at the bottom of the page. Why should private citizens be held to a higher standard?

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    17. Re:I think he should change his site. by Anonymous Coward · · Score: 0

      It's too late for my sarchasm, it's already been closed. But maybe you and the goats.cx dude can get together and work on your sarchasm.

      Yes, that was a bit of sarcasm.

    18. Re:I think he should change his site. by chrisos · · Score: 1

      Why should he make it bigger? Didn't lawyers invent "small-print"? A certain phrase about heat-kitchens-out springs to mind :)

      --
      If nature abhors a vacuum, why isn't there more dust in the world?
  9. Perhaps by Farmer+Jimbo · · Score: 1

    This is a chance for LSU to craft legal definitions for what is and what is not allowed in regards to doamin names. As it stands now, the only clear rules are for domain names that are trademarked or the official name of a company. Everything else is based on how much money you have.

  10. School values First amendment - laughable??? by mcwop · · Score: 4, Interesting
    The article states: "Mr. Costonis did say that Mr. Dorhauer remained a student in good standing. "We are a law school, for goodness' sake, and understand and teach the values of the First Amendment," he said."

    They value the first amendment so long as what you say does not confuse anybody. Lawyers and lawyers to be are easily confused.

    --

    "I don't think it's selfish, to eat defenseless shellfish." -NOFX

    1. Re:School values First amendment - laughable??? by Anonymous Coward · · Score: 1, Funny

      I always wondered what end-year projects were at law schools. In engineering schools, it is something like 'write a filesystem', or 'implement a scheme interpreter'.

      In law school it is 'sue your co-worker' and 'defend agains frivolous lawsuit'.

      Make sense. The guy will have a top resume if he succeed.

    2. Re:School values First amendment - laughable??? by mcwop · · Score: 2

      ...And he will have one hell of a story for job interviews.

      --

      "I don't think it's selfish, to eat defenseless shellfish." -NOFX

  11. LSULAW.com Notice by Coke+in+a+Can · · Score: 0

    Read the site's notice, it's so sarcastic.

    1. Re:LSULAW.com Notice by Coke+in+a+Can · · Score: 0

      Seeing as my first post has been modded down, it may just be that disclaimers are going towards that standard.

  12. NYT registration by Anonymous Coward · · Score: 1, Informative

    As always, use this handy page to view the NYT article without registering (yourself) :

    NYT random login generator

    1. Re:NYT registration by Anonymous Coward · · Score: 0

      Thanks! :)

    2. Re:NYT registration by Rick+the+Red · · Score: 2

      Maybe it's because I'm using Netscape, but the NYT random login generator doesn't work for me. Takes me to a blank NYT registration page, with none of the fields filled in.

      Or is it because I've disabled cookies?

      --
      If all this should have a reason, we would be the last to know.
  13. this is what working in "acedemia"... by globaljustin · · Score: 4, Insightful

    does to good people.

    The school does not have a case using copyright infringement for commercial gain. As someone who has studied copyright law and the internet, I can say that they have no case. They are trying to contend that his site was confusing partially b/c it used school colors...ridiculous. Most judges would throw this out.

    The professors at the school are taking themselves and their "academic reputation" way to seriously. The only thing this lawsuit will do is get alot of good press for the student.

    Anyone (myself included) who has been blackballed by faculty in a University setting knows that some professors really do buy into the "Ivory Tower" idea. It's sad but true.

    [off topic...the nytimes article mentions a suit against pensacolachristianschool.com. You should check it out if you want to know more about schools suing regarding web content.]

    --
    Thank you Dave Raggett
    1. Re:this is what working in "acedemia"... by guacamolefoo · · Score: 2, Interesting

      "The professors at the school are taking themselves and their "academic reputation" way to seriously. The only thing this lawsuit will do is get alot of good press for the student."

      I'd bet that the professors probably do not care or are supportive in general. I suspect it is the administrative folks and the various deans who have the bug up their collective butt. The deans are almost always more sensitive to criticism of the school in general.

      Guac-foo.

    2. Re:this is what working in "acedemia"... by dilger · · Score: 1

      On what grounds do you assert that LSU professors initiated this lawsuit? I don't see anything about professors in any of these articles.

      And who mentioned copyright? I thought this was a trademark suit -- again, I don't see any mention of copyright in any of the articles.

      cbd.

    3. Re:this is what working in "acedemia"... by globaljustin · · Score: 1

      Looks like a few prof.'s are reading my post...

      In the case of an advanced professional school like a Law school, virtually all of the administration have law degrees and teach some classes.

      Special note to Prof.'s...you can always learn something from your students, so keep your mind open

      --
      Thank you Dave Raggett
    4. Re:this is what working in "acedemia"... by Sodium+Attack · · Score: 2
      The school does not have a case using copyright infringement for commercial gain.

      Then it's a good thing for them that they're not suing based on copyright infringement.

      As someone who has studied copyright law and the internet

      I find that very hard to believe. Any who has studied copyright law for more than half an hour should have picked up the difference between copyright and trademark, something you apparently have failed to understand.

      --

      Never take moderation advice from sigs, including this one.

    5. Re:this is what working in "acedemia"... by Danse · · Score: 1

      Regardless, the case isn't about copyright. Your comment is virtually worthless considering you didn't say a single thing about trademark law.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    6. Re:this is what working in "acedemia"... by globaljustin · · Score: 1

      oh brother, for anyone still following this thread, i am fully aware that my post says "copyright" and not "trademark" I am also fully aware of the difference between the two. Some people don't have a job where they can sit around and craft messages to post on /. I don't.

      --
      Thank you Dave Raggett
  14. Other students should sue..... The school! by Papa+Legba · · Score: 4, Interesting

    Claiming that they are not getting the same value for their tuition dollars.

    This guy , due only to the fact that he has put up a website, is getting a free crash course in internet domain disputes and copywrite law. If the opinions in the article are correct, then he is also getting an easy one tossed across the plate so that he can win. The school is basically handing him free on hands training in how a real case works coupled with a high profile case he can win before he graduates. This means he is getting more value from his time at LSU. If I was a student at LSU I would be demanding that the school sue me also!

    --
    Papa Legba come and open the gate
    1. Re:Other students should sue..... The school! by dagoalieman · · Score: 2

      I'm not sure it's gonna be free for him- he had to hire a lawyer, which costs $$, and courts do not always award legal costs. I would certainly hope they would, but dunno if they will.

      If anything, he aught to use it as a thesis: "I've already beaten the school's best, doesn't that entitle me to something indicating a high level of success?" :)

      .

      --
      We don't need no Net Explorer We don't need no Thought control
  15. Good for him... by 26199 · · Score: 1

    Large institutions need someone to critize, cajoule and annoy them... here's hoping he wins...

    If all you can see is a pretty picture painted by their public relations department... what does that tell you? Nothing... they should be thanking him!

    Or maybe it's a cunning ploy on the school's part to generate publicity...

  16. Saves me time and application fees by Anonymous Coward · · Score: 3, Insightful

    I'm actually planning on going to law school next year, and this was one of the places that my radar picked up. I'm really glad they did this now, so I, and everyone else who ever thought of applying here, won't have to waste time, money, and energy figuring out that this is not the kind of legal education I want.

    I wish more institutes of higher learning would identify themselves as being on the "never go here under any circumstances ever" list by attacking their own students like this.

  17. Lawyers are the biggest abusers... by Futurepower(R) · · Score: 3, Insightful


    Lawyers are the biggest abusers of the law, I've noticed.

    1. Re:Lawyers are the biggest abusers... by guacamolefoo · · Score: 0, Flamebait

      "Lawyers are the biggest abusers of the law, I've noticed."

      The above is an example of truly astonishing ignorance (and flame-bait).

      Guac-foo.

    2. Re:Lawyers are the biggest abusers... by Kierthos · · Score: 3, Insightful

      The above is an example of truly astonishing ignorance (and flame-bait).

      No, it's not. You cannot truly abuse a system until you know it. Lawyers have years of classes, easy access during school years to Lexis-Nexus (free during law school, after that you pay) where they can look up law cases and precedent, and they generally command more respect in a court of law then someone without a law degree representing themself (pro se).

      Just as someone who knows the code, line by line, for a program can perform manipulations of that program much easier then someone who has not studied it, lawyers can easily manipulate the law to their effect.

      Kierthos

      --
      Mr. Hu is not a ninja.
    3. Re:Lawyers are the biggest abusers... by ultraexactzz · · Score: 1

      That is, after all, the whole intent of having lawyers in the first place. That is why those who cannot afford legal representation are assigned a public defender for free. Lawyers know the system, inside and out, so that they can better represent the interests of their client. That is their only function. The intent of having lawyers is so that a court cannot throw some legal jargon at the accused and confuse them into confessing/giving up/pleading guilty. Though the law does not account for quality (or cost or affordability) of legal representation, it does guarantee access to it.

      --
      Never underestimate the potential of Human stupidity. -Heinlein
    4. Re:Lawyers are the biggest abusers... by guacamolefoo · · Score: 1

      "Just as someone who knows the code, line by line, for a program can perform manipulations of that program much easier then someone who has not studied it, lawyers can easily manipulate the law to their effect."

      There is a crucial difference. A coder can "perform manipulations" on his own accord and for his own benefit. Behind every attorney is a client. Behind every story you see about some ridiculous lawsuit, there is a client.

      Attorneys cannot, sua sponte, file a lawsuit. Lawsuits are filed on behalf of clients. Ergo, attorneys do not "manipulate the law to their [own] benefit." Lawsuits are reflections of disputes that the parties involved find to be worthwhile to litigate.

      There are attorneys who engage in egregious behavior. Despite rumors to the contrary, attorneys are human. They are therefore subject to the same weaknesses of character with which all mankind struggles - greed, envy, lust for power, sloth, etc.

      The popular perception is that attorneys are worse than the average lot. This is just plain wrong and it is an attitude characteristic of ignorance, plain and simple (not directed at the prior poster, just a general rant against the darkness).

      Guac-foo.

    5. Re:Lawyers are the biggest abusers... by Computer! · · Score: 2

      The intent of having lawyers is so that a court cannot throw some legal jargon at the accused and confuse them into confessing/giving up/pleading guilty.

      Who do you think represents "a court"? That's right, another lawyer. Saying lawyers benefit us is like saying a lamprey benefits a shark.

      --
      If you fall off a building, go real limp, because maybe you'll look like a dummy and people will be like hey, free dummy
  18. And when he wins.... by trifster · · Score: 2, Insightful

    They will probably offer him a position to teach constitutional law since its clear the current professors do not know it.

  19. Non-commercial is a near-total defense by Froomkin · · Score: 5, Interesting
    If your site is *totally* non-commercial, almost none of the trademark laws in the US apply to you. The major exception is "tarnishment," which these days means associating the mark with kiddie pr0n or the like. With that exception, trademark laws protect marks from **COMMERCIAL** confusion, not from criticism or parody.

    The NYT article is in error, I believe, when it quotes a lawyer as saying the use of the school's colors is relevant to the outcome of this case. It is not. What is relevant is whether the use is commercial or non-commercial. The test for "commercial" is perhaps more hair-trigger than it ought to be: some cases have found asking for donations, selling a t-shirt, or running banner ads to be 'commercial' although it's unlikely we'd treat at least the donations as 'commercial' activity in any other context.

    --

    I have a blog.

    1. Re:Non-commercial is a near-total defense by anthony_dipierro · · Score: 2

      You have it backward. Trademark infringement focuses on likelihood of confusion, and has nothing to do with whether or not the infringement is commercial. It does exempt certain non-commercial fair use situations, but that's merely a single factor.

      Trademark dilution law on the other hand is much nastier, because it does not require likelihood of confusion, but it does specifically exempt fair use, noncommercial use, and all forms of news reporting and news commentary. Trademark dilution is the law which covers "blurring" and "tarnishment". It requires the mark to be "famous".

      Good ol' Douglass is being sued for violating both.

    2. Re:Non-commercial is a near-total defense by Froomkin · · Score: 3, Informative
      Amazing analysis. Have you looked at the trademark infringement statute? No? I didn't think so. Here's a link for you. Note, in the definition of infringement (not just dilution), the commercial activities requirement in section (1)(a):
      Any person who shall, without the consent of the registrant -
      (a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or
      (b) reproduce, counterfeit, copy, or colorably imitate a registered mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive,
      shall be liable in a civil action by the registrant for the remedies hereinafter provided.

      For extra credit, explain how Congress could have passed the rule you allege it passed without running into serious First Amendment problems (TM law, after all, comes from the Commerce Clause, and not from the Copyright clause).

      --

      I have a blog.

    3. Re:Non-commercial is a near-total defense by anthony_dipierro · · Score: 2

      "Used in commerce" hardly means the same thing as "commercial".

      For extra credit, explain why Californians can't have non-profit medical marijuana cooperatives.

    4. Re:Non-commercial is a near-total defense by Froomkin · · Score: 2
      It's true that "Used in commerce" may not mean the same as "commercial". Here, however, you need to read all the way to the end of the sentence. On your way there, you will find phrases like "in connection with the sale, offering for sale, distribution, or advertising of any goods or services" which surely do mean "commercial" in the context of prohibited uses. Not to mention the pile of case law reading it that way.

      None of this has anything else to do with other statutes, or the relationship between federal and state drug laws ... or anything else you may be smoking, drinking, or ingesting while posting.

      P.S. I teach this stuff. But you can have the last word - I'm done with this thread.

      --Michael Froomkin
      Professor of Law
      University of Miami School of Law

      --

      I have a blog.

    5. Re:Non-commercial is a near-total defense by anthony_dipierro · · Score: 2

      I was referring to your "extra credit assignment". Congress passes laws all the time which rely upon the Commerce Clause and have absolutely nothing to do with commercial activities.

    6. Re:Non-commercial is a near-total defense by Anonymous Coward · · Score: 0
      Give up already, Anthony !

      Professor Froomkin is not just an expert, he is the expert in this field. An analogy used earlier - getting a trademark/copyright comment from him is like getting a Perl answer from Larry Wall.

      Slashdot needs to create a automatic +5 comment category for him - if you've chased him off, we're going to be very, very annoyed.

    7. Re:Non-commercial is a near-total defense by vitalidea · · Score: 1

      You know... I never figured this out. After having recieved many cease-and-desist letters from companies hiring prominent attorneys during the 'net boom... one thing always shocked me.

      Nobody seems to notice the word "TRADE" in TRADEmark. It's the root of the damn word. If there is no TRADE, then where the hell is the violation. TRADEmarks and SERVICEmarks are there to protect propietors from the dilution of their brand in trade. The argument being that they spent money on that brand.

      Now, if somebody is using LMU for tires, and another is using LMU for law school, is LMU law school going to sue them the tire company? This guy is not using the mark in TRADE and hasn't openned up a law school or legal training, etc. Where's the confusion? Where's the trade? Where's the friggin case?

      This is a common corporate tactic of going after the little guy who, in many cases, can't afford an expensive legal battle and is stonewalled into giving in. They have no intention of setting precedent, just getting the guy to shut down a site that may be critical of the school. It's the common practice of corporate bullying...

  20. Re:WRONG by jeeves99 · · Score: 1

    dude, thanks for making me ill.

  21. Hmmm by NiftyNews · · Score: 5, Funny

    When lawyers sue lawyers, no one wins.

    No, wait. That makes them too busy to sue any of us. So I guess all of us win!

    1. Re:Hmmm by Anonymous Coward · · Score: 0

      It's a lot like rapists getting raped; it's a good show for everyone else.

    2. Re:Hmmm by Anonymous Coward · · Score: 0

      Your domain name is confusing. I thought it said niftynews, but it turned out to have nothing to do with news. I'm suing, damnit!

    3. Re:Hmmm by Anonymous Coward · · Score: 0
      Lawyers don't sue people. People do.

      NLSA
      (National LandShark Association)

    4. Re:Hmmm by TRACK-YOUR-POSITION · · Score: 1
      Lawyers don't sue people. People do.

      For the record, I don't think guns have ever said "in my professional opinion, you should aim me at your wife and pull the trigger."

  22. hosted? by Apreche · · Score: 2

    If he is hosting the site on the school's computer network, well he's probably breaking some of the rules the school puts down for using their computer systems. If he isn't then free speech. I mean it's a LAW school, they should know better than to file stupid lawsuits. I mean it's what they do for a living.

    I mean we at RIT used to have ritsucks.com. RIT didn't try to sue the student running it, because he didn't host it on grace.rit.edu (digital unix cluster all students have access to and can host pages on). The only reason it's not there anymore is because he forgot to re-register the domain.

    I generally tend to believe that if you attack your critics with lawsuits or threats of some sort then 1 of two things is most definitely true.

    1) All the bad things the critics are saying are very true and you don't have confidence that your organization will continue to profit if people find out.
    2) All the bad things th critics are saying are horrible horrible lies, but not beyond belief to the point of parody. And you think that people are going to believe them and ruin your organization.

    --
    The GeekNights podcast is going strong. Listen!
  23. Oh No! by Greyfox · · Score: 4, Insightful

    He hurt our feelings! Hit a little too close to the truth these days and people get all bent out of shape. Apparently these folks have yet to realize that the negative publicity generated by taking action against their guy gives them 10 times more of a black eye than if they'd just ignored him. Most of the people considering the school would never have heard of this guy's site, but now the whole thing's been plastered all over the New York Times. And who wouldn't look at that and think twice, really?

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:Oh No! by Anonymous Coward · · Score: 0

      Not really.

      Your first point was spon on. Your second point, however, is off the mark. LSU is Louisiana State University. That means a majority of the students will be from Louisiana. Louisianans are not exactly known for their critical thinking skills.

    2. Re:Oh No! by 0x0d0a · · Score: 1

      now the whole thing's been plastered all over the New York Times

      Yes, but some of us *don't like to read* the New York Times, due to a certain mandantory registration process.

      Please avoid posting links to nytimes.com in story posts in the future. Thank you.

    3. Re:Oh No! by Anonymous Coward · · Score: 0

      Amen, brother.

  24. look at the bright side... by Hooya · · Score: 2

    he'll probably get some extra credits for defending himself.

    1. Re:look at the bright side... by Anonymous Coward · · Score: 0

      If your law school sues you and you win do you get an automatic diploma for being smarter thanthe Law school's laywers?:)

      Or better yet, the law school should have its accediation revoked. :)

    2. Re:look at the bright side... by irlbinky · · Score: 1

      Did you never hear the saying
      That a lawyer who represents himself has a fool for a client
      ?

  25. Re:WRONG by Anonymous Coward · · Score: 0
    dude, thanks for making me ill.

    YW. Welcome 2 /. ;-)
  26. Did you look at the site? by multriha · · Score: 1
    While the law school should have at least tried to reach a solution outside of court, like they said they would in their C&D letters, looking at the site in question, it looks like a university website.

    Ugly colors, the pretty stand university links (what U doesn't use administration,admissions,academics, career, alumni or something close to it?). He even has a big link to their U's email system (PAWS). Yes, he has a disclaimer, but it's small, secondary, and it's conveniently just off the screen for those browsing at 1152x864 of less.

    Quite honestly, a lot of people could be confused by, and I don't see why the student wants his site to be confusely similiar.

    1. Re:Did you look at the site? by el_chicano · · Score: 1
      Yes, he has a disclaimer, but it's small, secondary, and it's conveniently just off the screen for those browsing at 1152x864 of less.
      Thank you, Mr. Internet Bigshot, for telling us resolution-impaired folks where the disclaimer is located.

      We have never figured out how to scroll down a web page on our own.

      We would have NEVER been able to see the disclaimer in question without your help...
      --
      A man who wants nothing is invincible
    2. Re:Did you look at the site? by multriha · · Score: 1

      There's a different between a disclaimer that is visible to most people when a page loads and one that you must scroll to see.

      The latter is a lot easier for most people to miss.

  27. Dispute Resolution Provider? by CyberQ · · Score: 2, Insightful

    I wonder why LSU did not use a dispute resolution provider instead of a district court. Would have been the right thing to do in the academic world.

    Anyway, I wish Mr. Dorhauer the best for his exam.

    --
    Line 9: Argument of type SIGNATURE expected.
  28. 50/50 chance by RoC+MasterMind · · Score: 2, Insightful

    I'd say this site didn't make itself obviously clear that it was a student site, and not the official site. There is the link at the bottom, however it could be more obvious.

    It isn't a commerical site, so he's probably safe from the claims depending on that, however if the school invokes the DMCA, then he's dead in the water I suppose?

    Kill that stupid law!

    1. Re:50/50 chance by ajakk · · Score: 2

      Please tell me how the Digital Millineum Copyright Act is going to cause him problems when all he is doing is (questionably) vioalting their trademark. There are absolutely no copyright violations on his site that I could see. I think it just denegrates your own position to complain about the DMCA when it was never claimed to apply, and it obviously doesn't apply. Go whine somewhere else.

    2. Re:50/50 chance by nagora · · Score: 2
      There are absolutely no copyright violations on his site that I could see.

      But then, there's no trademark violations either so who's to know what they'll throw at him next. Facts and applicability have no bearing on this.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
  29. They're not bullies by teslatug · · Score: 3, Funny

    It's part of their educational programs

  30. Agree by mikosullivan · · Score: 1

    The site looks like an official site ofthe law school to me. The "quick links" are entirely to specific areas in the law school web site. Even the banner, "LSULAW.com SUED" doesn't indicate it's not the LSU site, it just indicates that the site is being sued. I think LSU has a reasonable case. The webmaster could make it more clear that the site is an unnofficial portal for LSU students and other stakeholders. Instead it acts like the official site.

    --
    Miko O'Sullivan
  31. Outrage! by johnos · · Score: 4, Funny

    This is an outrage!
    You have posted a link to a NYT article without saying (free registration blah, blah, blah). This is near criminal negligence. How many will suffer this morning, hungering for their daily dose of corporate/institutional war on our rights, when they click on the link innocently, thinking they will soon be in righteous indignation heaven, only to be confronted by, by, by...... a LOGIN?
    Oh the humanity! For shame.

    1. Re:Outrage! by anthony_dipierro · · Score: 2

      You have posted a link to a NYT article without saying (free registration blah, blah, blah).

      Here is the article on The Advocate, as posted by SlashdotSucks.

    2. Re:Outrage! by Anonymous Coward · · Score: 0

      dude, you've been whoreing up the karma today, especially in that thread with froomkin. kick ass

  32. he'd be gone already by globaljustin · · Score: 1

    if he was somehow using school resources for the site, it would have been taken down by the school's administrator long ago and he would have been powerless to stop it.

    --
    Thank you Dave Raggett
  33. If the school loses by Monoman · · Score: 1

    does the student automatically graduate? :-)

    --
    Keep the Classic Slashdot.
  34. Yea but... by Odinson · · Score: 1, Offtopic

    How does that Police song go?

    "I have come seeking knowledge, Things they would not teach me of in college..."
    "When you find your servent is your master... You'll be wraped around my finger..."

    Maybe it's like a test..

    Does he get extra credit if he wins the suit?

    1. Re:Yea but... by Odinson · · Score: 2


      You know, deflecting frivilous lawsuits 302. :)

  35. School laws by ssajous · · Score: 1

    I am not sure what the rules are specifically for that university but from experience I know that a University is not a democracy and that there are some fine prints in most US university rule books that give them the right what ever the hell they want to students that are enrolled in the school. And ususally the font is about as small as the kind that you find on toothpaste tubes.

  36. Re:FUCK OFF EUROTRASH by Anonymous Coward · · Score: 0

    You forgot "if it weren't for us, you'd all be talking German" Other than that, no.

  37. Re:FUCK OFF EUROTRASH by Anonymous Coward · · Score: 0

    We Saved UR asses in WWII. Get down and suck my AMERICAN COCK!

  38. Site not affiliated? Its not obvious by Ibag · · Score: 1

    I went to the site (since the article said that the site clearly stated that it wasn't affiliated with the school on the front page) and I looked for a few seconds. Then I noticed that while there was a huge chunk of blank space at the bottom of the screen, there was a scroll bar to be used. Then, in tiny light grey text I saw it say that it wasn't affiliated.

    I'm sorry, but given the size, location, and use of blank space to make that text the ONLY thing that wasn't on my screen (running in 1280x1024), I can't call the notice obvious by any means. With that bit so well hidden and an application for admissions right there, only the big banner that stated LSU was suing them tipped me off that they were not actually owned or operated by LSU.

    I hesitate to say that it's intentionally deceptive, but it definately wasn't obvious at first glance. The URL doesn't help things much (if you ignore the fact that it is a .com and not a .edu)

  39. lasulaw uns on win2000 -IIS by -=SteelRat=- · · Score: 0, Offtopic

    He aint that bright, he's/ISP is using win2000&IIS.

    Id say his chances are fair to average, although the /. might wake him up a bit...

    ;-)

    Steel

    --
    There are none as blind as those who will not see.. (unknown)
  40. Before it gets slashdotted.. what it's about... by linuxrunner · · Score: 5, Informative

    Copy and Pasted from the "Their Sueing Me" Page:

    ----------

    They Did It.
    The Law School filed its lawsuit against me, their student, conveniently making sure I received notice thereof less than 48 hours before exams started. I barely had time to scan in the lawsuit and post it, but I did, and you can find a link to it below.

    Many thanks to my wife, Jennifer, for putting up with me. Also, thanks to all my friends and acquaintances at the Law Center who have offered their support to me in this battle. Thanks also to all hundreds of visitors to this site who have written me in the last few weeks. It's great to have so many people--including many former LSU Law School grads--offer their assistance to me in this battle.

    Now it's official: Louisiana State University HAS sued me....

    My name is Douglas Dorhauer, and I am a student at the LSU Law Center. This site is my personal creation, built by me for my own use. In the event you find its contents of use, then consider it my gift to you.

    Because of the similarity between this site's name and that of a local law school (of which I am a student), this site has recently been under attack. Specifically, in a letter dated November 30, 2001, Marc S. Whitfield of Taylor, Porter, Brooks & Phillips, L.L.P., legal counsel to Louisiana State University asked me to give up the domain name "lsulaw.com."

    After researching the points in Mr. Whitfield's letter, I responded with a point-by-point rebuttal of each issue he raised. That response went unacknowledged for nearly two months before I requested Mr. Whitfield update me on his client's position concerning this matter.

    Immediately, Mr. Whitfield responded with a threat of a lawsuit. I replied with a request to attempt an amicable resolution.

    Mr. Whitfield's response to my request to amicably resolve the matter came in the form of a lawsuit naming me as defendant. Currently, I have just finished final exams. After regaining consciousness early next week, I will respond to the lawsuit, file cross-claims, etc. As always, I will post all correspondence here.

    The premise of my argument is simple: all the laws Mr. Whitfield cites in his initial letter require a showing of "commerciality." I earnestly contend that this site is emphatically noncommercial, and, therefore, not susceptible of the trademark violations alleged by Mr. Whitfield.


    --
    www.slightlycrewed.com - Because aren't we all?
    1. Re:Before it gets slashdotted.. what it's about... by MasterKayne · · Score: 1

      'Thanks also to all hundreds of visitors to this site...'

      Methinks Mr Dorhauer is in for a big surprise :)

    2. Re:Before it gets slashdotted.. what it's about... by hij · · Score: 2

      Sounds like he hasn't learned enough to hire an attorney. What is it that people say about the lawyer who represents himself?

      --
      Believe nothing -- Buddha
    3. Re:Before it gets slashdotted.. what it's about... by topham · · Score: 2

      I still haven't figured out how a site gets 'Slashdotted', I mean it's not like anybody on Slashdot actually READS THE ARTICLES. but I digress...

    4. Re:Before it gets slashdotted.. what it's about... by Anonymous Coward · · Score: 0

      It's not specifically a LAWYER who represents himself who is a fool, but a PERSON, and since most people aren't lawyers, yes it's stupid.

      Since he is a law student, there are two major factors that would make it more reasonable for him to represent himself.

      One, he obviously has more of a background in law than the average joe.

      Second, he's a student, he likely isn't rolling in dough (yet, assuming he is actually allowed to make it through school. Though to be honest, if he somehow got booted over this, I wouldn't be surprised if another law school took him in)

    5. Re:Before it gets slashdotted.. what it's about... by Anonymous Coward · · Score: 0

      I intentionally left of

      ...who have written me in the last few weeks.

      for the sake of the joke.

    6. Re:Before it gets slashdotted.. what it's about... by Anonymous Coward · · Score: 0

      Maybe he should become a /. legal commentator (after all the IANAL posts around here...) ... after all, either he or you doesn't know the difference between "their" and "they're" ...

  41. Would you wanna go to a Law School... by parliboy · · Score: 2

    ... where the students already know more than the faculty? I mean, really, if the school loses this suit, what does it really say about the quality of the instructors at the school? Time to shop elsewhere, I guess.

    --
    "You're never ready, just less unprepared."
    1. Re:Would you wanna go to a Law School... by Peter+La+Casse · · Score: 1
      ... where the students already know more than the faculty? I mean, really, if the school loses this suit, what does it really say about the quality of the instructors at the school?

      What makes you think that the faculty have anything to do with this lawsuit, or that the quality of the instructors has anything to do with the lawyers they hire?

      It is a public university, after all. Hiring good lawyers would conflict with their mandate to hemorrhage money as quickly as possible.

    2. Re:Would you wanna go to a Law School... by el_chicano · · Score: 2
      Hiring good lawyers would conflict with their mandate to hemorrhage money as quickly as possible.
      I think that hiring outside lawyers leads to more misspent taxpayer money, especially when most universities already have in house lawyers. Outside lawyers usually charge a lot more in hourly fees, which are additional costs borne by the taxpayers who are already paying for the university's in house legal staff.

      If the school had any decent in house lawyers they probably would have tried to settle with the student quickly and quietly. It looks like they didn't even try and immediately went to outside counsel.

      It is obvious that the student tried to reach a settlement with the school's outside lawyers, but they don't seem to want to play ball with the student. It seems like the school's outside lawyers want to go to trial, where they can really rack up the legal fees, leaving the taxpayers holding the bag...
      --
      A man who wants nothing is invincible
  42. Re:Looks like the student is gonna make a good law by Binky+The+Oracle · · Score: 3, Insightful

    Had they talked to him before filing suit, they wouldn't have been setting an appropriate example for all of their students. Sue first. Ask questions later.

    Yes, I'm being facetious (mostly) but kneejerk internet domain lawsuits seem to be the rule, not the exception. Why talk about it when you can probably bully the domain owner into a settlement?

    That seems to be the rule for most corporate lawsuits anyway.

    --

    Slashdot comments... splitting hairs since 1997.

  43. Re:Looks like the student is gonna make a good law by Combuchan · · Score: 2

    According to the cease and desist letter--yes--one was actually sent, the actual LSU law school "has already reported certain instances of confusion caused to students who did not realise that [the] LSULAW.com site was not an official or affiliated website of the LSU Law Center." A two-point disclaimer at the bottom is obviously not pointing out to some students that the site is unofficial.

    Moreover, the CAD letter indicates he has recently identified his website as "the official site of LSULAW.com." An "official" designation of his site seems to further misrepresent his site.

    Maybe if he changed his domain to lsulaw.org (which would still not satisfy LSU according to the CAD letter) ... if his site is truly non-commercial, he should use .org anyway.

    If you disagree, reply.

    --
    "[T]he single essential element on which all discoveries will be dependent is human freedom." -- Barry Goldwater
  44. Maybe they have his interests at heart? by mattbee · · Score: 3, Funny

    He's a law student, in the middle of exams-- surely LSU have just set him a practical? :-)

    --
    Matthew @ Bytemark Hosting
  45. They DID talk to him beforehand. by Combuchan · · Score: 3, Informative

    This Cease and Desist Letter was sent to him 30 November 2001. He responded within a few days, and seven weeks later he was threatened with a lawsuit on 11 February 2002. He responded to that on 04 March 2002, and they finally served him on 20 April 2002.

    The new york times article indicates he recieved the cease and desist letter and the trademark infringement suit "last month, two days before his second-year final exams." Poppycock. He's had six months to work this out.

    --
    "[T]he single essential element on which all discoveries will be dependent is human freedom." -- Barry Goldwater
    1. Re:They DID talk to him beforehand. by el_chicano · · Score: 2
      The new york times article indicates he recieved the cease and desist letter and the trademark infringement suit "last month, two days before his second-year final exams." Poppycock. He's had six months to work this out.
      Hmmm... me thinks you have mis-parsed the sentence. Let's look at the quote in question:
      These days it also includes copies of cease-and-desist letters from the school's lawyers and the trademark infringement suit Mr. Dorhauer received last month, two days before his second-year final exams.
      In other words, "These days [his website] also includes copies of cease-and-desist letters from the school's lawyers and [his website also includes] the trademark infringement suit Mr. Dorhauer received last month, two days before his second-year final exams.

      The lawsuit was filed two days before his final exams. The quote indicates that his website contains both the cease-and-desist letters he received earlier and the lawsuit that was filed two days before final exams. It does NOT say the he received the cease-and-desist letters two days before final exams.

      His replies to this attempted legal exortion being perpetrated by LSU and its lawyers indicate that he has been trying to deal with this for the last six months, but the university's lawyers are not trying very hard to solve this without going to court.

      In fact, the university's lawyers will probably make more money if this goes to trial, so it seems like they are not making a good faith effort to solve this without going to court...
      --
      A man who wants nothing is invincible
    2. Re:They DID talk to him beforehand. by Combuchan · · Score: 2

      The sentence is poorly written nonetheless, and it confused at least the person to whom I was replying.

      The general notion here is that LSU all of a sudden dropped this lawsuit on Mr. Dorhauer all of a sudden, without warning, during his last week of finals. While I think the timing of that was bad, usually the court date won't be less than a few months from the filing date. Justice may not be blind anymore, but it's definetely very slow.

      I'm not defending LSU here, they're convinced they're in the right, which if you look at the trademark law that Dorhauer quotes in his response , whereas their accusations are totally offbased. I do think, tho, that there request he makes a more prominent disclaimer is within reason, but Mr. Dorhauer seems a bit arrogant. According to the advocate article: "'I own the name,' Dorhauer said. 'I can say what I want there.'"

      While I did say he's had six months to work this out, that doesn't mean I said he was going to succeed in arbitrating the situation and preventing the lawsuit. LSU needs to use their own law school if they think they're going to win.

      --sean

      --
      "[T]he single essential element on which all discoveries will be dependent is human freedom." -- Barry Goldwater
  46. This whole thing is funny... by s.d. · · Score: 1
    The site's home page bears a disclaimer saying it is not affiliated with the law school.
    ...
    Mr. Costonis said one student had "raised questions relating to incorrect information that she had obtained from his Web site thinking it was the Law Center's Web site." He would not elaborate.

    So a law student went to a website, missed the disclaimer on the first page that said "this is not the LSU law school website," then took some info from what may be this guy's personal calendar or some other source of information not affiliated with the school, then complained that it was incorrect. Ok, just out of curiosity, what's her name? I want to steer clear of this supergenius in case I ever need legal representation.

    1. Re:This whole thing is funny... by Anonymous Coward · · Score: 0

      I work for the LSU Law school and it does not surprise me at all that one of the students was confused over the site. Some of them have great difficulty with such tasks as working photocopiers or reading .pdf files.

  47. First Amendment is non-issue. by SPYvSPY · · Score: 2

    While you might have inferred that the LSU lawsuit is aimed at quieting Mr. Dorhauer, you would not necessarily be correct. The lawsuit merely claims that by using a domain name that is "misleadingly" similar to the law school's, Mr. Dorhauer's site is diluting/tarnishing their trademarks. I agree that the law school is at least trying to lower Mr. Dorhauer's profile (and yet, as usual, their efforts only serve to raise his profile), but nothing in this lawsuit suggests that they are going to stop him from publishing his views in another forum that is less "confusingly similar" to the LSU marks.

    1. Re:First Amendment is non-issue. by Malcontent · · Score: 2

      How can they possibly sue somebody with a .COM TLD?

      Thei domain is lsu.edu which makes perfect sense. .edu is for schools .com is not.

      --

      War is necrophilia.

    2. Re:First Amendment is non-issue. by SPYvSPY · · Score: 2

      I'm not saying anything about the merits of their TM claims. I think I could mount a pretty effective defense against them, if given the opportunity.

  48. I'm not surprised... by Hosehead17 · · Score: 1

    ...but thats b/c I attend LSU as a student. This is actually typical of LSU, to do something as stupid as this. We won't mention the recent sport scandals that haven't made national news becuase its expected of LSU.

    Besides most of the students going to LSU only go because of the cost. Louisiana will give almost any Louisiana High School Graduate money for college, for four years. You just have to pay for books. Nothing like a free four years of college to make anyone choose the "quality" education that LSU has to offer.

    Hey maybe they'll try to sue me for talking bad about them. :)

    1. Re:I'm not surprised... by Anonymous Coward · · Score: 0

      I am not surprised either which is why I am a former student. Stupidity, lies, and greed drove me away. I am not surprised that the minions claim that the letters lsu and the colors purple and yellow belong to them given the enormous number of claims they make in an effort to recruit suckers er students.

  49. Re:Link (Not-quite-working Random Login Generator) by Software · · Score: 1

    This is a very good idea, but when I click the link, it doesn't fill in the URL field correctly. Also, I get JavaScript errors. Oh well.

  50. I think this is a conflation by Anonymous Coward · · Score: 0

    of manipulation and of abuse. Abuse is a subset. I believe it was Ambrose Bierce who defined a lawyer as "one who is skilled at circumvention of the law". IAAL.

  51. I dont see the point. by Quazion · · Score: 1

    Or the school wins and person has to remove the site and maybe but dont count on it pay a little fine or the person wins and the school has to make an excuse and pays maybe a little fine.

    Welcome to the Netherlands, you can pay of your murders here with 4 years cell and some pocket change. (atleast if you can convice the judge that it wasnt on purpose)

    Now sue me please!

  52. Lawyers are the biggest abusers, #2 by Futurepower(R) · · Score: 1


    Thanks, Kierthos, for what you said. It is what I would have said.

    It was typical, I thought, that the lawyer for the school did not try to talk to the student. I can imagine that the reason is conflict of interest. The lawyer makes more money if there is legal action. I have observed that often lawyers don't care about resolving the real problem. They care about having as much legal trouble as possible. This is abusive, and it is widespread abuse, in my experience.

  53. They should be paying him, not suing him by Simon+Brooke · · Score: 5, Insightful
    The Site in Question is lsulaw.com

    OK, let's do a quick comparison.

    lsulaw.com
    • Clear layout, loads fast
    • Consistent navigation
    • Clearly labelled links to all major departments of the School
    • Clearly labelled links to information about the school
    • Clear links to other Web resources of use to law students
    • Works well in all browsers including text browsers
    law.lsu.com
    • Flash intro screen, doesn't work on all browsers, alternative redirect doesn't work on all browsers..
    • Gaphics-heavy site, takes for ever to load.
    • No links to other web resources of use to students
    • All navigation is graphics without appropriate alt text, so unusable on text browsers or by visually disabled users

    In other words, his is a reasonably competent, reasonably professional Web site, accurately describing the school, and theirs is an incompetent, unusable pile of dross.

    I think that's what the quarrel is about, actually.

    It's worth pointing out that because of the poor provision for disabled access, http://www.law.lsu.edu/ would be illegal in most of Europe.

    --
    I'm old enough to remember when discussions on Slashdot were well informed.
    1. Re:They should be paying him, not suing him by Simon+Brooke · · Score: 3, Funny
      Arghh... remember to preview, remember to chack the links... actually the link goes to the right place but that should of course read http://www.law.lsu.edu and not law.lsu.com

      I shall now go and stand in a corner wearing a dunces cap for half an hour

      --
      I'm old enough to remember when discussions on Slashdot were well informed.
    2. Re:They should be paying him, not suing him by lw54 · · Score: 2
      Arghh... remember to preview, remember to chack the links...

      Arghh... remember to preview, remember to proofread my comments... ;-)

    3. Re:They should be paying him, not suing him by Combuchan · · Score: 2

      Slightly OT, but ... I'm almost positive this site is illegal in the United States. As I understand it, schools recieving federal funding (like LSU) have to make their websites accessible to disabled students. I can't even get into law.lsu.edu as I don't have Flash, and that's ridiculous.

      Anybody have more information regarding this federal regulation?

      --
      "[T]he single essential element on which all discoveries will be dependent is human freedom." -- Barry Goldwater
    4. Re:They should be paying him, not suing him by Anonymous Coward · · Score: 0

      Aye, its called 508 compliance.

    5. Re:They should be paying him, not suing him by nmos · · Score: 1

      You arn't kidding. These two sites could be used as examples of good/bad web design in class.

  54. We could use some real data re: school choice. by Anonymous Coward · · Score: 0
    I received my Ph.D. from the Dept of Psychology at the U. of Maryland. I started with a Masters and was there 8.5 years before graduation. My immediate predecessor took 14 years to get the same degree in the same area. During my tenure in their "program" there were 5 full time faculty members in my area of study, and they collectively managed to teach a total of four unique graduate-level courses in all that time. There is something to be said for learning to do everything yourself, but this was certainly not what I had in mind when I started. There remains the niggling suspicion in the back of my mind that had the faculty troubled themselves with a little more teaching I could have got on with my life much sooner. I did my BA in 27 months and the Masters in 1 year flat . . . I am not slow. Had I known any of the above data in regard to previous students I would have avoided this sorry excuse for a University like the plague. It was a BIG waste of my time.


    An important public service could be for someone to put up a page with data like: classes actually taught as opposed to merely listed in the catalog, actual times to graduation, dropout rate, etc. I sure could have avoided a lot of pain if I'd had access to this information.

  55. Did you ever think to post by Anonymous Coward · · Score: 0

    as an AC? I used to be in medical school before I got kicked out because I actually thought I had the right to demur when a physician lied about me to cover his mistake. I'm doing fine as I now own my own law firm, although I rarely use my B.Sc. in Anatomy cum laude or my three and a half years of medical school. If you're dealing with a**hole*, protect yourself and criticize anonymously.

  56. Re:Link (Not-quite-working Random Login Generator) by zeno_2 · · Score: 2

    When I went to it, it took me to some generator page for about 2 seconds and then im at the nytimes artcle, worked great!

  57. Which is trademarked? by mcwop · · Score: 2

    They are suing over the use of TradeMark. In the lawsuit it references 'LSU' as the trademark. I find this interesting because using 'lsu' in a url could stand for anything. The combination of LSU and Law ('LSU Law') in and of itself does not appear to be a trademarked name.

    --

    "I don't think it's selfish, to eat defenseless shellfish." -NOFX

    1. Re:Which is trademarked? by TheZork · · Score: 1

      In this context, the kid's wrong. LSU has rights on this one.

      If the body of the content on the site made it clear that "LSU" was a reference to something like "Last Seen Unicycling", there would be no grounds for action. The site is, however, riddled with explicit references to Louisiana State University, and includes direct links to the official Web site of the university. Language on the official site regularly references "LSU Law Center" and "LSU Law".

      He may not have gone about this with intent to confuse, but that doesn't carry much weight.

  58. Re:Looks like the student is gonna make a good law by eaolson · · Score: 1
    A two-point disclaimer at the bottom is obviously not pointing out to some students that the site is unofficial.

    A bunch of lawyers are complaining because the details are in the fine print? How wonderfully ironic.
  59. Emphatically noncommercial? by dtobias · · Score: 2, Insightful

    His assertion that his site is "emphatically noncommercial" would resonate better with me if he used an address that didn't end in .com... a .org or .info address would better express the site's nature.

    --
    --Dan
    Web Tips
    1. Re:Emphatically noncommercial? by Danse · · Score: 2

      I think it resonates just fine considering that nobody can point out a single service or product offered for sale on his site.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  60. Sue first ask later by Anonymous Coward · · Score: 0

    What is the world coming too when people don't even try and negotiate properly and just file law suits?

    In a simerlar situation here, our University's Student run magazine is being sued by a Student union executive member. The Student Union owns the company that makes tha magazine. The student Union granted this person upto $10,000 to file a lawsuit fordamfamation

    The worst part is though, the executive member DIDN'T EVEN WRITE A LETTER ASKING FOR AN APPOLOGY OR A RETRACTION OR ANYTHING! just straight away filed a lawsuit.

    The only people these kinds of actions benifet is lawyers (Which i suppose since it seems to be all lawyers involved in the origional case anyway, it doesn't matter).

    And yes i saw the one cease and desist letter, but common, One letter?

  61. Re:Site not affiliated? Its not obvious by bourne · · Score: 2

    I'm sorry, but given the size, location, and use of blank space to make that text the ONLY thing that wasn't on my screen (running in 1280x1024), I can't call the notice obvious by any means.

    Hmmm... It looks like he's using the same text size, location, and color for the legal notice as law.lsu.edu is. Which is not to say he's copying their "look & feel" - let's be honest, none of this is innovative web design - but rather, to point out that he's meeting their standard of notice.

    I mean, is this a double standard? Corporations, banks, and car salesman get by with the smallest of small print, orthewordsruntogethersonoonecanhearthem, but the poor law student is suddenly being "deceptive" for doing the same thing?

    And as for the page size, look at it - it's designed for 800x600 pages, which is why its so tall and narrow. If we weren't all slashdot geeks, we might be in the normal world where 1280x1024 is not all that common. I don't find the length of the page deceptive, I find the page engineered for a more common and backwards-compatible display resolution.

    clickety-clickety-click

    Oh, wait. The page, however, does dynamically resize itself to always keep the notice just over the edge of the bottom. That is a little deceptive, and probably unfortunate for the student if it comes up in court.

    I still think that we accept a much sneakier level of notice from corporations on a daily basis than this, though. Cough, couch, EULA.

  62. Re:Looks like the student is gonna make a good law by _|()|\| · · Score: 1
    if [lsulaw.com] is truly non-commercial, he should use .org anyway

    There is no longer any meaningful difference between .org and .com. Just check your current URL.

  63. Dilbert joke: (-1 Troll) by An+Onerous+Coward · · Score: 3, Funny

    Dilbert: Why does your simulation only count law students as half a person?

    Dogbert: They don't drop to zero until they pass the bar.

    Sorry, couldn't pass this one up.

    --

    You want the truthiness? You can't handle the truthiness!

  64. Huh? What more do you want? by Wakko+Warner · · Score: 2

    He's got at least two disclaimers now (since he was sued, the "news" page has basically become a disclaimer too.) What more do you need? A big, 800x600 GIF splash page that says "HEY, LOOK, DUMBASS, WE HAVE NOTHING TO DO WITH LSU!"? It's fairly easy for even a poorly-trained monkey to figure out it's not an affiliated site, so it shouldn't be much harder for the faculty.

    I still have to wonder, however, about that one dumb girl who, according to the NYT article, thought it was a school site. She fancies herself a lawyer? Good God.

    - A.P.

    --
    "Remember when the U.S. had a drug problem, and then we declared a War On Drugs, and now you can't buy drugs anymore?"
  65. Quote from the LSU Law School's own site - funny! by mcwop · · Score: 3, Funny
    Quote:

    "...a law school is not an island unto itself but the hub of a network of relationships with an array of audiences beyond its walls."

    Just don't deep link deep link to their hub of a network.

    --

    "I don't think it's selfish, to eat defenseless shellfish." -NOFX

  66. Re:Quote from the LSU Law School's own site - funn by quackking · · Score: 0

    Randy Newman had it right - "College boys from LSU. Went in dumb, come out dumb too."

  67. .org vs .com by Combuchan · · Score: 2

    It's what the domain implies. Slashdot started off as a .org, as it didn't fit any of the other available TLD's. Granted, it grew out of its humble beginnings, but I digress.

    Which brings up a point: He never states his intent. He says what he's doing with it now is non-commercial, but he certainly has the correct domain if lsulaw.com ever grew into something he feels he would want to make a profit off of. Just something to think about.

    Look at it this way: If you saw just the domain lsulaw.com, what would you think the site was about? If you saw the domain lsulaw.org, would you think it was the same?

    I'd think lsulaw.com was a site that had something to do with LSU's law school, which it is, and I'd presume it was ran by the school itself, not a student. I'd think lsulaw.org would be an organisation associated with, but not ran by LSU. Maybe an organisation of law students and alumni. I don't know. I can't be certain having seen the site.

    LSU's asking him to surrender the domain name, as I understand it by reading request #1 of the cease and desist letter. I think they just want the domain for themselves.

    If you disagree, reply.

    --
    "[T]he single essential element on which all discoveries will be dependent is human freedom." -- Barry Goldwater
    1. Re:.org vs .com by Anonymous+Brave+Guy · · Score: 2
      Look at it this way: If you saw just the domain lsulaw.com, what would you think the site was about? If you saw the domain lsulaw.org, would you think it was the same?

      Yes.

      I'd think lsulaw.com was a site that had something to do with LSU's law school, which it is, and I'd presume it was ran by the school itself, not a student.

      Then you are the one who doesn't understand here, not everyone else. Academic institutions in the US use .edu at the end of their domain names.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    2. Re:.org vs .com by Combuchan · · Score: 2

      What about asubusiness.com? That's registered to the Arizona State University College of Business. Mesacommunitycollege.com is registered to the Maricopa County Community College District.

      I can't think of any other examples off hand as I no longer work in academia, but the point is nothing prevents educational institutions from registering .com's. I've talked to a number of people who still think all website addresses end in .com. Moreover, given .com's popularity and ease of registration, I can see colleges and departments within other .edu's getting their own .com for their own website.

      The LSU School of Law might be just such an organisation. lsulaw.com is a domain some people might want on their business cards as opposed to law.lsu.edu.

      --
      "[T]he single essential element on which all discoveries will be dependent is human freedom." -- Barry Goldwater
    3. Re:.org vs .com by vitalidea · · Score: 1

      Look at it this way: If you saw just the domain lsulaw.com, what would you think the site was about? If you saw the domain lsulaw.org, would you think it was the same?

      Ahem... you seem to ass-u-me that most users of the intenet know the difference. Your average user is not a slashdot geek, and couldn't case less if it was lsulaw.@!#% because the TLD is all greek to them. And with all the other TLDs out there like biz, cc, info... and on, and on. The TLD argument just doesn't hold up anymore.

      Besides that, there is more than one LSU. Lousiana is not the only one with those initials. So, what do you propose about the other institutions?

    4. Re:.org vs .com by arkanes · · Score: 2
      The LSU School of Law might be just such an organisation. lsulaw.com is a domain some people might want on their business cards as opposed to law.lsu.edu.

      Tough nookies. The idea that you somehow have a claim to every domain name in every TLD that's similiar to your organizations name and/or initials is an abomination and needs to be beaten out of peoples skulls. They're a .edu - not a .com, and not a .org. If they want a .com or .org address, they need to register those just like normal people, and if the ones they want are already taken, they have to settle for something else, just like normal people.

  68. It may be legal by lymond01 · · Score: 2, Insightful

    ...but it doesn't mean it's not obnoxious. If you have something to say about someone else, you have every right to do so, I feel, as long as what you say isn't stated as fact, but merely opinion.

    But he took the school colors, made a site with a name that could be confused with the school's main site, and even put links to the main site for further confusion (deliberate or not).

    People forget that, while you might have something to say, whether you think it's "helpful" to get the word out about this terrible school (which is utter B.S. - but that's my opinion), it doesn't mean you can be an ass about it...that doesn't help anyone. Look beyond the first amendment to something more basic - like fairness, honesty, compassion. If you've got something to say, say it, don't confuse people. Of course, he IS a law student...

    1. Re:It may be legal by dabudah · · Score: 1
      "But he took the school colors, "

      So if I make a page about my school, good or bad, I shouldn't use the colors that the whole town is plastered in? His site was about the school, I don't see why he shouldn't use the colors associated with the subject matter...

      "made a site with a name that could be confused with the school's main site, "

      As far as I know, official college sites belong in the .edu domain. IMO it has become standard not to expect much from .com sites.

      "and even put links to the main site for further confusion (deliberate or not)."

      Now this and the location of his disclaimer may be misleading... but... it seems as though he intended for the site to be informative, so why not provide links to relevant matter (a.k.a. the school's official information) As for the disclaimer, I noticed it almost immediately when I visited the page.
      Also, this is taken from the "about" page which is the first link on the top of the page...

      "If you want boring facts about the school, read the catalog; if you have questions about the school, this site, or the meaning of life, email me; if you have suggestions for improvements to this site, go here.

      Seriously, this site is the creation of one law student at a prominent Louisiana Law School. This site represents the views of that student and many of his classmates."

      I think that this is a rediculous waste of resources, and that this student was well within his rights to publish the site. As stated in other comments, this page was not commercial in any sense, just one student's criticisms/mockery of the school he attends.

  69. i love it when you do that by SquireCD · · Score: 0

    it makes me really happy when stories that you need a membership to read get posted

  70. Re:.org vs .com vs .edu by Anonymous Coward · · Score: 0

    I'd expect LSU's law school to have the domain law.lsu.edu, but maybe that's just me.

  71. This is a good thing for him by Dynedain · · Score: 2

    When he wins this case, especially with the publicity, its gonna do a hell of a lot more for his career than his degree will.

    --
    I'm out of my mind right now, but feel free to leave a message.....
  72. That would be right if .com was only for com site by aepervius · · Score: 1

    Sadly it doesn't to appear so. .com used for comemrcial domain is a recommendation. Not a law or a rule.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
  73. Re:Quote from the LSU Law School's own site - funn by Dynedain · · Score: 1

    guess what, the words hub, network, and array were around long before computers, and thats the definition they're using here, because thats the definition the geek terms are based on.

    --
    I'm out of my mind right now, but feel free to leave a message.....
  74. What the BAR really means by UnknownSoldier · · Score: 2

    Here's an interesting link that shows what the origin of the BAR really is.

    http://www.theawaregroup.com/hidingbehindthebar.ht m

  75. "Larry Parker got me $2.1 million" by kwan3217 · · Score: 1

    Lawyers CAN spontaneously create lawsuits. Lawsuits may be filed on behalf of clients, but often clients are advised by their attorney to sue when they would not have on their own accord. A primary example is evident on daytime television commercials where Dewey, Cheetham, & Howe, ambulance-chasers-at-law, tell how they can "Fight for Justice" by having people sue their insurance companies for larger claim settlements. My subject is the tagline of a lawyer commercial played with monotonous regularity in Los Angeles.

    --
    Lots of technical and environmental problems are solved by the application of vast amounts of nuclear power
    1. Re:"Larry Parker got me $2.1 million" by Danse · · Score: 2

      A primary example is evident on daytime television commercials where Dewey, Cheetham, & Howe, ambulance-chasers-at-law, tell how they can "Fight for Justice" by having people sue their insurance companies for larger claim settlements.

      I think I would have looked for another example if I were you. Insurance companies are not known for their honesty and forthrightness with clients. If an insurance company can get away with paying you less, they will do so. Of course they can often get away with this because they employ lots of lawyers... hmm.. I'm seeing a pattern here...

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  76. MOD THIS MAN UP! by Anonymous Coward · · Score: 0

    A brief moment of /. clarity.

  77. This will look GREAT on his resume! by Anonymous Coward · · Score: 0
    Was sued by my own law school.


    Counter sued.


    Won.


    Gosh, I'd hire him!

  78. Uh, duh. by autopr0n · · Score: 2

    Look, I'm as much for free speech and stuff as the next guy, but this is a pretty clear case of trademark infringement, and the disclaimer at the top is tiny.

    Simply calling people who actually get confused 'stupid' is not a very good reason for keeping the domain.

    Getting a site like "aboutlsulaw.com" or something, with a bigger disclaimer would be better.

    Hopping on this dude's side just because his site more compatible (but less attractive IMO) is not really that legitimate.

    I realize that copyright, patent, and trademark law are taken to far a lot, but this is a perfectly legitimate use, IMO.

    --
    autopr0n is like, down and stuff.
  79. I don't know by autopr0n · · Score: 2

    I think anyone who forgets to set the body background color and just 'assumes' that it'll be white should be shot.

    The offical LSU page dosn't have that problem, and looks and works fine for me.

    --
    autopr0n is like, down and stuff.
  80. Re:Notice the moderation? (Not flamebait, off-topi by Anonymous Coward · · Score: 0

    >Anyone other than me notice how consistently anything anti-lawyerish is being modded either "off-topic" (wtf?!?!?) or "flamebait"? Granted, most of those are lame jokes...but jokes!=flamebait.

    Again, one has to ask the question WTF CRACK ARE THE MOD$ SMOKING?!?!??! >

    I used to mod about once a week but gave that up when the retaliatory moderation got out of hand. I suspect those same pubessently-challenged individuals who get a power-trip with mod points are driving the current user churn rate through the roof.

  81. Yes!!! by NateTech · · Score: 1

    They're finally eating their young!

    --
    +++OK ATH
  82. shouldn't it be fairly obvious as is? by oomcow · · Score: 1

    his site is a .com while official school sites of major universities tend to be .edu. that should be a big clue for the user.

    besides, as others have pointed out, he has disclaimers stating that he is not affiliated with the official school site and. he should not be obligated to remove helpful links from his page unless deep linking is really prohibited. heh.

  83. Married to a Brasilian by huckda · · Score: 1

    After touring Rio with my wife 3 times
    and driving past(merely viewing distance)
    the slums and hovels in Rio. The Simpson's episode was QUITE accurate!
    Street kids "rob" you when you simply park your car. They are standing on the sidewalk when you park and when you come back you either pay them a buck for "taking care of your car" or they proceed to damage it either by breaking a window and running or scratching up the paint...so extortion I guess would be a better word than 'rob'.

    As for the monkeys...I've only seen them at a lovely beach resort and they were only there to steal the food off of your plate when you went back to the buffet for 2nds.

    kidnapping by unlicensed taxi?...haha even the licensed ones will drive you all over the city to get to your destination...but only if you don't speak Portugese...they will take advantage of an English speaking tourist until you make them aware that you know where you need to go and how to get there.

    Rio's tourist board is full of crap and the Simpsons episode was dead-on.

    --
    "Just Smile and Nod." --Huck