Sunday, October 4, 2009

Massachusetts-based First Amendment rights lawyer Marc Randazza is defending a controversial parody website which satirizes American political commentator Glenn Beck. The website was created in September by a man from Florida named Isaac Eiland-Hall, and it asserts Beck uses questionable tactics “to spread lies and misinformation”.

The website created by Eiland-Hall is located at the domain name “www.GlennBeckRapedAndMurderedAYoungGirlIn1990.com”. Its premise is derived from a joke statement made by Gilbert Gottfried about fellow comedian Bob Saget. The joke was first applied to Beck on the Internet discussion community Fark. It then became popular on Internet social media sites including Reddit and Digg, and was the subject of a Google bomb, a technique where individuals link phrases in order to artificially change Google search results.

Eiland-Hall saw the discussion on Fark, and created a website about it. The website asserts it does not believe the rumors to be true, and states: “But we think Glenn Beck definitely uses tactics like this to spread lies and misinformation.” In an interview with Ars Technica, he said the website was “using Beck’s tactics against him”. The website was created on September 1, and by September 3 attorneys for Beck’s company Mercury Radio Arts took action. Beck’s lawyers sent letters to the domain name registrar where they referred to the domain name itself as “defamatory”, but they failed to get the site removed.

Beck filed a formal complaint with the Switzerland-based agency of the United Nations, the World Intellectual Property Organization. Beck alleged that the website’s usage is libelous, bad faith, and could befuddle potential consumers. Beck’s complaint was filed under the process called the Uniform Domain Name Dispute Resolution Policy. The policy allows trademark owners to begin an administrative action by complaining that a certain domain registration is in “bad faith”. A lawyer for Beck declined to provide a comment to the Boston Herald, however a source told the newspaper that Beck’s complaint with the site is primarily a “trademark issue”.

Randazza established an attorney-client relationship with Eiland-Hall after his client received threatening letters from attorneys representing Beck. He then sent an email to Beck’s attorneys, and pointed out inconsistencies between their client’s recent actions and his prior public statements in support of the First Amendment. Randazza wrote a reply to the World Intellectual Property Organization, and contends that the website is “protected political speech”, because it is “satirical political humor”. Randazza stated that “Even an imbecile would look at this Web site and know that it’s a parody.” In his legal brief, Randazza compared the website to other Internet memes, such as “All your base are belong to us” and video parodies of the German film Downfall.

“We are here because Mr. Beck wants Respondent’s website shut down. He wants it shut down because Respondent’s website makes a poignant and accurate satirical critique of Mr. Beck by parodying Beck’s very rhetorical style,” wrote Randazza in the brief. The brief also commented on Beck’s style of reporting, and pointed out a controversial statement made by Beck when he interviewed a Muslim member of the United States Congress. Beck said to Representative Keith Ellison: “I like Muslims, I’ve been to mosques. … And I have to tell you, I have been nervous about this interview because what I feel like saying is, sir, prove to me that you are not working with our enemies.” According to the Citizen Media Law Project, the website’s joke premise takes advantage of “a perceived similarity between Beck’s rhetorical style and the Gottfried routine”.

Public interest attorney Paul Levy told Ars Technica that if a statement in a website’s domain name were both false and “stated with actual malice”, it is possible it could be considered defamatory. The First Post reported that Electronic Frontier Foundation attorney Corynne McSherry gave an analysis asserting that though the domain name of the website is “pretty dramatic”, it constituted “pure political criticism and there’s nothing wrong with that”. McSherry and Levy both agreed that the action of Beck to take the matter to the World Intellectual Property Organization was probably a tactic to determine the identity of the website’s owner.

Andy Carvin of National Public Radio wrote that Randazza’s legal brief was amusing, commenting: “It’s not often that I would recommend reading a World Intellectual Property Organization legal brief for its entertainment value, but today is going to be an exception.” Nate Anderson of Ars Technica commented “In any event, the WIPO battle promises to be entertaining, and there’s even a bit of serious purpose mixed in with the frivolity. Just how far can WIPO go in using its domain dispute system to address Internet spats?”. Domain Name Wire wrote that “…when someone who has created a bitingly satirical web site works with his lawyer to put pen to the paper, the end result can be quite amusing.”

Writing for Adweek, Eriq Gardner pointed out the comparison made by Randazza’s legal brief between the website’s parody nature itself and the statement made by Beck to Congressman Ellison, noting: “this case also makes a political point”. Jack Bremer wrote in The First Post that the attempts by Beck’s lawyers to argue that the website’s domain name is itself defamatory “looks like a first in cyber law”. Rick Sawyer of Bostonist characterized Randazza’s legal brief as “Hillarious!”, and called the attorney “among the North Shore’s most hilarious legal writers”.

The FOX News-critical site FoxNewsBoycott.com likened the legal conflict between Beck and the site to the Streisand effect, a phenomenon where an individual’s attempt to censor material on the Internet in turn proves to make the material itself more public. “Glenn Beck is experiencing the Streisand Effect first hand,” wrote FoxNewsBoycott.com. John Cook of Gawker.com also compared Beck’s actions to the Streisand effect: “Now Glenn Beck’s trying to shut down their web site, ensuring that people will write about it.” Jeffrey Weiss of Politics Daily wrote that by taking legal action, Beck “did the one thing guaranteed to garner the greatest amount of publicity for the site”. Techdirt described Beck’s legal action as “not particularly smart”, and noted: “Beck would have been better off just ignoring it. Instead, in legitimizing it by trying to take it down, many more people become aware of the meme — and may start calling attention to situations where Beck (and others) make use of such tactics.” The blog Hot Air noted the issue could gain attention if it becomes a test case for the First Amendment: “If this becomes a First Amendment test case, the smear’s going to be covered far and wide…”

Monday, June 23, 2008

2008 COMPUTEX Taipei, the largest trade fair since its inception in 1982, featured several seminars and forums, expansions on show spaces to TWTC Nangang, great transformations for theme pavilions, and WiMAX Taipei Expo, mainly promoted by Taipei Computer Association (TCA). Besides of ICT industry, “design” progressively became the critical factor for the future of the other industries. To promote innovative “Made In Taiwan” products, pavilions from “Best Choice of COMPUTEX”, “Taiwan Excellence Awards”, and newly-set “Design and Innovation (d & i) Award of COMPUTEX”, demonstrated the power of Taiwan’s designs in 2008 COMPUTEX Taipei.

Tuesday, February 5, 2013

Following the introduction of a “Do Not Track” feature in modern browsers at the end of last year, Wikinews interviewed several companies and groups about the feature.

Monday, April 29, 2013

Sunday, the NFL’s Seattle Seahawks drafted Brisbane, Australia native nose tackle Jesse Williams in the fifth round of the NFL Draft. Going into the draft, there were some expectations by the Brisbane Times and other media outlets that Williams might be selected in the first round. Injuries, which resulted in Williams being unable to participate fully in the NFL Combine, likely were reasons why he was not selected higher.

Gridiron football is not the most popular football code in Australia, with rugby league, rugby union, soccer, and Australian rules football all being more popular participation sports. Williams’ youth sporting career reflected this, with Williams playing rugby union until he was 15 years old at which time he switched codes and joined the local gridiron team, the Bayside Ravens. A year later, his playing ability earned him a scholarship offer from the University of Hawaii. He could not meet the university’s academic standards so eventually he attended Western Arizona Community College instead. In 2011, he transferred to the University of Alabama and played for the Alabama Crimson Tide for two seasons. Both seasons, his Crimson Tide team won the national championship.

Williams’ selection is unique amongst Australians as most Australians who have played in the NFL have been kickers. He is also only the second Australian ever to be drafted in the NFL Draft.

Tuesday, February 5, 2008

A diverse group of approximately 25 people gathered at the Johnson County Library on Monday to participate in reference librarian Scott Vieira’s class, Wikiwhatia? Wikipedia.

Scott opened the session by sharing a disparaging quote from Robert McHenry (former editor-in-chief of Encyclopedia Britannica) comparing Wikipedia to a public restroom. He then shared a quote from Andrew Keen, author of The Cult of the Amateur, in which he stated Wikipedia is the blind leading the blind. Scott shared Wikipedia usage data from a 2007 Pew Internet study showing 36% of adults have consulted Wikipedia and that that Wikipedia receives 10,000-30,000 searches per second. Scott also pointed out that Wikipedia now has over two million articles in English alone (over nine million articles in 250 languages). So there is a discrepancy here, lots of critics and lots of use.

Scott then shared some historical information in order to provide a context for understanding Wikipedia. This included some important names and dates in the history of encyclopedias… including Pliny the Elder (23-79 C.E.) who published 37 Volumes of Natural History, and Joachim Sterck van Ringelbergh (c. 1499-1556) who first used the term encyclopedia, and then d’Alembert and Diderot who published 17 volumes of their French Encyclopedia from 1751-1765. Encyclopedia Britannica was first published in Scotland in serial format 1768-1771.

Scott also discussed more recent history, sharing a photo of Ward Cunningham –who is credited with being the inventor of wiki software. Wikipedia was founded on Jan 15, 2001 by Larry Sanger and Jimmy Wales. Sanger left Wikipedia in 2002 and founded Citizendium in 2007 a complementary project which now has 4500 articles.

After the historical perspective, the class moved into using Wikipedia. Everyone in the audience had used Wikipedia. The class explored the content of Wikipedia, realising there is a whole lot going on. Scott demonstrated that the article about “frogs” for example, is semi-protected. The “history of science” article was examined, including the history of changes. Discussion covered how people contribute, who contributes and edits. The group also talked about Wikipedia bots, which aid in routine tasks in a semi-automated or automated fashion.

A discussion about teachers, school media specialists and students regarding their use of Wikipedia ensued. Some teachers and school media specialists are negative about Wikipedia, but Scott’s hope is that they will use it to start a discussion about the need to evaluate and critically think about information (even when it’s from more traditionally reviewed and edited sources).

An unanswered question from an audience member was, “What was the first Wikipedia article?”

Discussion topics from Scott to audience were as follows:

• Do you think Wikipedia is less accurate than published resources and how important is that accuracy to you?
• How do we determine authority on a subject? How important is it that an article be written by an expert? How is Wikipedia changing our idea of what an authority is?
• Currency – the ability to publish immediately – what are the advantages and what are the disadvantages?
• What do we think about the content selection in Wikipedia?
• Should Wikipedia be used by librarians?
• What do you think about the future of Wikipedia?