LibraryTechtonics

I opened my email to find the first 2 pieces of comment spam to my blog. On one hand, I’m very displeased, on the other hand, I’m not surprised, and non plussed.

I haven’t installed the blacklist/whitelist extension yet, but it’s been in the plan to. Other than turning off comments altogether, or switching to another blog, any suggestions? Anything I should know about the extensions? For now I’m turning off comments, so please email me.

This one comes care of my friend The Darker.

A commuter on the NJ to NY ferry relates how he had his bag searched, and the security guy tried to confiscate a book that he thought was “inappropriate” for the “safety” of the riders on the ferry. Luckily, the ferry rider was able to make his case and have the security officer stand down (it helped that he had the phone numbers for the NJ and NY ACLU in his mobile phone and was ready to call them during the encounter).

It seems to me that, with the passing of the USA PATRIOT ACT, all sorts of law enforcement, especially if they are employed under the order to search and confiscate in order to protect, seem to think that they can all make judgement calls on what’s appropriate, and what types of information they can obtain. Many an “example” (read: stories where names and other information was changed to protect all involved) was offered in the Censorship and Intellectual Freedom class I attended at Simmons. It’s quite disconcerting, really. I suppose since they can’t get librarians to do the work for them, they feel they should do it for themselves. Luckily people are starting to better inform themselves in order to protect themselves.

Commute often? Subject to bag searches on a regular basis? Want to avoid illegal seizures? You can print of the Constitutional Amendments and carry them with you, and/or look up the number to your state affiliate of the ACLU.

Addendum: The Darker has also posted information specific to baggage searches on the Boston MBTA system.

I’m in the process of packing my life to move and looking for a job at the same time, so I’ve to busy to post as often as I’d like. So yeah, you’ll be observing some very erratic posting behavior over the next 30 days or so.

I’ll be trying to keep up some semblance of regular postage, though.

Steven Cohen and I had a wonderful conversation today about some of the legalish questions I had about domain name ownership. Steven ran it by a lawyer he works with, and got me a few answers.

In terms of whether or not a publishing company can use a domain name, say, as the title of a book, really depends on a few things. (Steven, please correct me anywhere I’m wrong.) If the domain is being actively used to point to a site that is somewhat established, and the owner of the domain can prove that the publishing company is losing them hits or money, or somehow defaming the owner of the domain, then the publisher is wrong for using the domain. Alternately, if the domain name is also registered as a trademark, then the publisher really needs to ask permission before using it, especially for anything like a book title. If the domain isn’t trademarked, or if it can’t be trademarked per the trademark rules, then anyone can use it.

However, if you own a domain, and you sqat it, and a publisher uses it for something, you don’t really have a leg to stand on, since just owning the domain doesn’t get you anything.

As far as what the publishing company could really do to make your life “difficult”, a lot of it would mean them taking it to court, making you spend money on a lawyer, and splashing your name all over the place (provided that they are reporting facts with your name in them).

So yeah, if you’re planning on making money off of it someday, or incorporating, or something, then you can cover yourself by trademarking the domain name, and perhaps the “title” (for example, I’d register “LibraryTechtonics.info” and “LibraryTechtonics”, and possibly “Library Techtonics”).

Steven made a good point that if someone uses something that sounds like your domain name, then it’s almost like an homage to you, or at least free publicity, provided that you like free publicity.

I don’t think I’ll run out and trademark my stuff.

Although I did have a brief moment of paranoia.

I’m feeling better now.

This tidbit got me thinking:

Penguin Putnam’s racketeering domain-name scam
[c/o BoingBoing 30 jul '04]

Apparently, yet another company is trying to snatch yet another domain name from yet another domain owner. This case is a little different, though, because they used the domain name as the title of the book, and now they want that domain name for future promotions.

I was IMing with Steven Cohen about this, because I don’t know much about the law on this type of thing, and we consensed that it would be a good idea for me to post my questions here, and see who speaks up.

My curiousity boils down to these 4 issues:

1. When a person buys a domain name, does that owner now have any rights to that domain name such that usage by a non-owner entity without permission, with or without malace, comes with any consequences?
2. Is it legal for companies to use an owned domain name for commercial purposes without permission of the owner? Is it then legal for the company to try to force (or “make life difficult for”) the owner to give up the domain name for use by the company? What can the owner do to defend themselves against such actions?
3. Would registering a trademark for the domain name, and associated names (domain name as “title” of web site, stuff like that), safeguard against unauthorized use of a domain name, especially for commercial purposes? Would such action require that the non-owner seek permission and compensate the owner? Are there precedents for such compensation?
4. Is it possible for a domain name owner who has been hurt financially by, for example, the unexpected increase in traffic to their domain or media/lawyer interaction/harassment to seek damages, like increased traffic charges, legal fees, etc., from the inflicting party?

Anyone out there wanna take a stab?