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Former Congressman Learns About Streisand Effect
corbettw writes "Ted Alvin Klaudt, a former South Dakota lawmaker convicted of raping his two foster daughters, has sent news organizations what he claims is a copyright notice that seeks to prevent the use of his name without his consent." The story says Klaudt maintains "no one can use his name without his consent, and anyone who does would owe him $500,000."
I wanted to post it 10 times in a row, but slashdot has a filter on too much repetition... who knew?
Sewage Treatment Facilities - "Our duty is clear."
I thought names and phrases were the purview of trademark law and not covered by copyright law?
Computer Science is all about trying to find the right wrench to bang in the right screw. -T.Cumbo?
He isn't a "Congressman". He is a former member of the South Dakota House of Representatives, which would make him a former state legislator.
Laura Malone, associated general counsel for intellectual property at The Associated Press, said names of people, companies and products cannot be protected under copyright law. Names can be protected under trademark law, but only in association with goods or services used in commerce, she said.
''Even if there was a valid trademark, the mere use of the name in a news story is not an infringement of trademark,'' Malone said Tuesday.
''There is no legal substance to these claims,'' she added.
The New York Times has a little bit more info on the story. Apparently he sent this notice from prison, where he's serving a 54-year sentence (44 for rape, 10 for witness tampering).
In the United States a Congressman is specifically a member of either the US Senate or US House of Representatives. This guy was a member of the South Dakota House of Representatives, which makes him a State Legislator or State Representative, but not a "Congressman".
A few things.
1) The domain name disputes are over trademark, not copyright. The rules for trademark are completely different from the rules for copyright.
2) The domain name disputes are not a direct result of any IP law - not even trademark, and certainly not copyright. They are essentially a result of regulatory policies specifically surrounding domain name management. Trademark law would not, on its own, forbid me from registering disney.com (though it would prevent me from using disney.com to compete in any commercial space where Disney is a recognized trademark).
3) In any event, even if the esteemed congressman had asserted trademark over his name, that would not forbid its use by news outlets. Trademark protection is not nearly that broad.
The copyright assertion is not only stupid, it is in direct contradiction to the law.
http://sor.sd.gov/results.asp?nav=7
You have to do a search for him after agreeing to some terms.
I wonder if he plans to sue the state over this?
the act of doing so isn't funny, that doesn't mean someone can't make a joke. Learn the difference.
The Kruger Dunning explains most post on