Segfault and User Friendly threatened

Blank Space wrote in stating "Someone claiming to be representing a corporation has demanded that Segfault and UserFriendly remove parodies using its trademarked name from their sites." Anyone know which corporation? In other nonsense today, Niels Provos writes "Theo de Raadt, OpenBSD Project leader, is being threatened with legal action if he does not turn over his domain theos.com to the Theos Software Corporation (the proud makers of a new 32-bit OS that can support more than 200 users at the same time!). The said company only needed about three years to find out about it and are so gracious to offer $35 as compensation, so that he can register another domain." Theo de Raadt provides contact information on his website.

Comments

Who it is...

[myconid]

A LITTLE MORE ON THE DEATH STAR
09:50 PST 24 MAR 1999
Hey, thanks to everyone who's written in voicing their support for UF in the upcoming litigation. I have to make a couple of things clear, however. 1) At this point I can't divulge who it is, and maybe hinting was a bad idea. 2) Media attention right now isn't appropriate, so contacting Reuters might do harm. 3) I promise to keep you all updated on this. I'm waiting for a registered letter that will confirm the e-mail. Apparently I'll be getting it soon.

THE EVIL EMPIRE HAS REARED ITS UGLY HEAD
08:25 PST 24 MAR 1999
I can not believe the e-mail I got earlier today. It's from you-know-who's legal department. For legal reasons I can't reproduce the entire letter, but here's the gist of it: "You will cease and desist all negative connotations within your cartoon regarding [our client], or we will initiate a suit to claim damages for libel and defamation." Not only does this *irk* me, I'm going to call their bluff. Don't be concerned folks; my own lawyers say they don't have a leg to stand on, but for reasons not entirely clear to me I can't mention my accusers by name until proceedings are under way. I'm sure you can figure out *who* it is I mean.


I'd assume by the first (date wise) reference that the "evil empire" is usually microsoft. But put together with the 2nd message title, "Death Star" it almost makes you think its someone associated with Starwars, and with that long segment about it, it almost makes me wonder, there havent been any Microsoft parities in a while.
Its not FreeBSD, his current parity, he has USED WITH PERMISSION stuff, and I'm sure its not one of the Linux distros :)..

My guesses are: Microsoft or Lucus Arts...
Stan "Myconid" Brinkerhoff

It's an empty threat.

[trims]

Indeed, I don't know who the moron that got the idea of suing segfault/UF was, but they managed to forget at least two principles:

1. Parodies of political or public figures has been explicitly protected by the Supreme Court on at least 4 different occasions. Very heavy precedents here. And there are dozens of cases that the various Circuit Courts have ruled where they include public companies as legal targets of such parodies. All protected under the 1st Amendment.
2. To prove libel in the US, you have to prove at least 3 things: (a) that the speech was false (b) that the speaker knew it was false and (c) it caused measurable damage. The second is hard to prove, and the third is even more difficult. However, even here, parodies are afforded extra protection. For all of you who missed The People vs. Larry Flynt: parodies are protected as Free Speech even if they fulfill the previous 3 conditions if the speaker shows that no one would believe that the parody was true. Essentially, if everyone (ie "the average reader") knows that the speech is false, then it's protected (even if it's otherwise libelous).

Even if they were suing simply as a way to "win-by-bankrupt", they should be careful. The thing that this company seems to forget is that it's becoming much simpler these days to counter-sue for malicious damages. The courts are very receptive to summary judgments in cases like this, and, depending on the judge, I wouldn't be suprised if it's thrown out immediately, and counter damages awarded without even a basic trial. I'd really like to see Illiad and Segfault make a bundle off of them.

By the way, the "Death Star" thing actually got me to thinking of AT&T, even before LucasArts. Getting old....

-Erik