10/14 Question for MOTD Lawyers [not related to CSUA stuff]:
Say I were to start a legal [so not legally obscene] ass p0rn
site. Clearly, I would not be allowed to say "brought to you
by IBM". However, could I say, "this site endorsed by The
Catholic Church"? What about just "The Church" or "by Rome"?
If not allowed, who has standing to sue me? Anybody who is
offended? Any Catholic? Any Church bishop or higher? What about
"this site endorsed by Protestants" or "by Hindu priests".
Let's rule out any kind of parody or political point/art type
defenses.
\_ What does Rome have to do with the Church's authority?
And, btw, if you're trying to make a joke with it, try
to be funny.
\_ 2 sec answer (assuming you are serious, which you prob.
aren't):
1. "The Catholic Church" - sounds like misrep and defmation
to me, and they might even be able to show NY Times
malice. The Church itself would have to sue.
2. "The Church" - this is harder b/c there are so many
churches who claim to be "The Church." Best is if
you find a "church" that backs you up or you make your
own church, say "The Church of Pr0n."
3. "Rome" - the municipality may have standing in fed.
ct to sue you for misrep and defamation. Note that
the Vatican, a separate city, may not have standing.
4. "Protestants" - Find two protestants who will give
endorsements and you should be okay.
5. "Hindu Priests" - same as protestants. Though it
will be harder to find hindu priests who will support
you. Personally I'd change it to hindus and find two
hindus to support you and you should be okay. BTW,
we hindus think that everyone is a hindu regardless
of how you classify yourself, so all you need is one
person other than yourself. Furthermore, there is no
authoritative version of hinduism so if you adopt the
view that everyone is a hindu regardless of their
professed religion, there isn't a good argument against
that.
\_ Can you say "brought to you by IBM" if you're on IBM hardware?
I imagine you can say "brought to you on IBM hardware", and
that's almost as good for the unwashed masses.
\_ Actually, in order to use their name (IBM), you
will likely need their permission.
\_ What about "this site runs on an IBM Pornserver model 69"
or something like that? -John
\_ If it is on the main page and is prominently
featured, I think they have a false light
claim and probably some sort of misappropri-
ation claim. If just have it on some other
page and its not really that prominent, you
are probably okay. |