Slashdot Mirror
Utah Trying To Restrict Keyword Advertising ... Again
Eric Goldman writes "The Utah legislature has tried to restrict keyword advertising twice before, with disastrous results. In 2004, Utah tried to ban keyword advertising in adware; that law was declared unconstitutional. In 2007, Utah tried to regulate competitive keyword advertising; after a firestorm of protests, Utah repealed the law in 2008. Despite this track record, Utah is trying to regulate keyword advertising a third time. HB 450 would allow trademark owners to block competitors from displaying certain types of keyword ads. In practice, this law is just another attempt by the Utah legislature to enact a law that doesn't help consumers at all but does help trademark owners suppress their online competition."
A trademark is a sort of a definition of an invented word, administered today by the government.
Not exactly. The term "Windows" is trademarked, should Microsoft be the only entity to be able to purchase "windows?" of course not.
There is a real dividing line between corporation and state, and the irony here is that those who would argue that trademarks should be less powerful by definition argue that words should be auctioned, rather than licensed, and conversely, those who argue for strong government trademarks ultimately argue that the government should control more the meaning of words rather than the free market.
Neither of these arguments are correct.
Trademarks are names and logos under which businesses trade. The reason why they are protected is to protect the reputation of the institution that holds them. Believe it or not, there is "fair use" of trade marks. It is perfectly legal to use someone else's trademark if you using only enough of it to identify the business.
For instance. A car dealership named "Planet Subaru" has the trademark "Planet Subaru." As a dissatisfied customer, I can create a website named "www.planetsubarusucks.com." I can even use the trademarked name "Planet Subaru" on this site as long as there is no confusion that I am associated with them, only as much of the trademark as necessary to identify the business, and that I do not intend to trade on their mark.
It is perfectly legitimate for a ford dealer to buy "toyota" to get business from a competitor. Trademarks are not for censorship.
Those tags are user generated. Do you think it is also worthwhile to reply to every comment troll?
It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
What is bigoted about adding a "mormon" tag when over 80% of the Utah state legislature are members of the LDS church?
May the Maths Be with you!