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Protest sites legality
A lot of people are using the internet to speak out against the companies that
they object to. From the global protest sites such as www.stopesso.com
to the small one man operations, protest sites are springing up all over the net.
But can it be done without attracting a ball of law suites?
Starting these websites can be a problem on two fronts. The first problem is
that if you start printing lies about the company they wouldn't be happy about
you bad mouthing them. The second is that if you register a domain such as www.xyzsucks.com
are you breaking the trademark of xyz?
The first problem is easily to solve - don't say anything unless you can prove
it. First of all making up lies isn't going to help the site as it will discredit
it if it is discovered to be a lie and secondly it's not really fair on the
company. Which is why the can sue you if you start publishing lies. Stick to
the truth of why you don't like them though and they pretty much cannot touch
you.
As for the second problem there is always the solution of not using the companies
name in the website name but then how will people know the site is about that
company? The good news is this is not a criminal act so even if the company
does get angry, police are unlikely to come round knocking on your doors.
As huumor pointed out on one of my favourite web developer forums:
"if you hate McDonalds and make a "hate" site called www.McDonaldsSucks.com
- you are probably more likely going to be #"¤#&"¤-ed
by McDonalds lawyers than if you would use www.CrapDonalds.com - with this domain
name you're not using the copyrighted McDonalds in it..."
The problem is going to come from ICANN's decisionon whether you can keep the
domain or not. Some sites including www.walmartcanadasucks.com
have been allowed to keep the names whereas a recent Reg Vardy protest site
had its domain handed over to the company.
There is no clear rule on this one although running a search on www.theregister.com
throws up some interesting results.
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