Former Congressman Learns About Streisand Effect 527
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."
Re:You said 'it' (Score:4, Informative)
I wanted to post it 10 times in a row, but slashdot has a filter on too much repetition... who knew?
Volokh's Reasons Why Not (Score:2, Informative)
According to Eugene Volokh at his well-known (conservative) legal blog [volokh.com]:
IANAL, but... (Score:5, Informative)
I thought names and phrases were the purview of trademark law and not covered by copyright law?
Title wrong (Score:5, Informative)
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.
Re:Four Factors (Score:5, Informative)
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.
More Info (Score:5, Informative)
Not a "Congressman" (Score:5, Informative)
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".
Re:Wait, slow this train down (Score:4, Informative)
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.
Link to his sex offender page (Score:5, Informative)
http://sor.sd.gov/results.asp?nav=7 [sd.gov]
You have to do a search for him after agreeing to some terms.
I wonder if he plans to sue the state over this?
Re:More Info (Score:1, Informative)
actually 4 consecutive 44 years terms,i believe
Re:Fair Use? (Score:5, Informative)
the act of doing so isn't funny, that doesn't mean someone can't make a joke. Learn the difference.
Re:Fair Use? (Score:3, Informative)
Some states have laws that define statutory rape as having an age range limit -- e.g. you can have sex with a minor as long as you're no more than 2 years older than they are. So technically an adult and a minor can legally have consensual sex, but only if they're very close in age. This is to deal with the obvious problem of someone who's 17 yr 364 days old having sex with someone who's 18 yr 1 day old -- they're apart 2 days in age, it makes no sense that it would be illegal for them to have sex just because one's technically still a minor, so the law accounts for it. (For example, apparently Texas allows a 3-year age difference as long as the younger partner is 14+.)
Re:Fair Use? (Score:3, Informative)
I doubt "undersirablity" is a genetic trait but I do think rock spiders should have their balls removed.
Re:It never fails. (Score:1, Informative)
Why is it I can always guess the political party whenever a politician gets caught doing something sexually depraved?
Hate to say ... but there's depravity on both sides of the isle.
Barack Obama's Safe Schools Czar Kevin Jennings promoted a conference in 2000 ... teaching 14-year-olds Fisting. [biggovernment.com]