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Saturday, November 7, 2009

American political commentator Glenn Beck has lost his case against a satirical website which parodies him, in a ruling from the World Intellectual Property Organization (WIPO) in Geneva, Switzerland. The website argued Beck’s actions to shut it down were an attempt to silence free speech. On Friday, the website’s creator sent a letter to Beck saying he would voluntarily turn over the domain name to him.

Florida resident Isaac Eiland-Hall created the website in September, and it asserts Beck uses questionable tactics “to spread lies and misinformation”. The website was represented in the case Beck v. Eiland-Hall by free speech lawyer Marc Randazza. Wikinews interviewed Randazza for the article “US free speech lawyer Marc Randazza discusses Glenn Beck parody”, and previously reported on the case in articles, “US free speech lawyer defends satire of Glenn Beck” and “Satirical website criticizes Glenn Beck for ‘hypocritical’ attempts to silence free speech”.

Eiland-Hall registered the website at the domain “www.GlennBeckRapedAndMurderedAYoungGirlIn1990.com”. Its premise was derived from a joke statement made by Gilbert Gottfried about fellow comedian Bob Saget. Users of the Internet discussion community Fark first applied the joke to Beck, and it then became popular on several social media sites. 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, commenting, “[b]ut we think Glenn Beck definitely uses tactics like this to spread lies and misinformation.” The website was created on September 1, and just two days later 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 failed to get the site removed.

Beck filed a formal complaint with the Switzerland-based agency of the United Nations, WIPO, who operate under regulations laid out by the Internet Corporation for Assigned Names and Numbers. Beck asserted the website’s usage is libelous, bad faith, and could confuse potential consumers. Beck’s complaint was filed under the process called the Uniform Domain Name Dispute Resolution Policy. This policy allows trademark owners to begin an administrative action by complaining that a certain domain registration is in “bad faith”. Beck argued the site should be shut down because it is an infringement upon his trademark in his own name, “Glenn Beck”.

Eiland-Hall retained Randazza as his attorney after receiving threatening letters from legal representatives of Beck. On September 28, Randazza filed a response brief to WIPO, contending the site is “protected political speech”, due to it’s “satirical political humor”. Randazza stated, “even an imbecile would look at this Web site and know that it’s a parody.” Randazza’s brief commented on Beck’s style of reporting, and highlighted a controversial statement made by him when interviewing a Muslim US Congressman. 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”.

Randazza argued in the response filed on behalf of Eiland-Hall that Beck attempted to use the process of the WIPO court to infringe the free speech rights of his client; “Beck is attempting to use this transnational body to circumvent and subvert the Respondent’s [web site owner] constitutional rights [to freedom of speech],” he wrote. Randazza cited the U.S. Supreme Court case, Hustler Magazine v. Falwell, in arguing that Beck’s attorneys advised him against filing legal action in a U.S. court because the website would likely be seen as a form of parody and due to the First Amendment to the U.S. Constitution, such legal action would not be successful.

On September 29, Randazza sent a request to Beck’s representatives, asking that their client agree to stipulate to the United States Constitution, and especially to the First Amendment, during the case before the WIPO. In the request, Randazza quoted a statement from Beck himself about the usage of international law by United States citizens, Beck said, “[o]nce we sign our rights over to international law, the Constitution is officially dead.” In an October 19 interview with Wikinews, Randazza stated that Beck had not replied to his request to stipulate to the U.S. Constitution and the First Amendment in the WIPO case.

On October 20, Randazza filed a surreply – a response document to an October 13 supplementary filing made by Beck in the case. Attorneys for Beck asserted in the supplementary filing that the joke made by the website is difficult to comprehend, and therefore the domain name is confusing. In Beck’s supplementary filing, his lawyers argued, “While there is absolutely nothing humorous or amusing about the statement made by Respondent in his domain name that ‘Glenn Beck Raped and Murdered a Young Girl in 1990,’ the average Internet user finding the domain name GlennBeckRapedAndMurderedAYoungGirlin1990.com (“Disputed Domain Name”) in a search would have no reason not to believe that they will be directed to a website providing factual information (as opposed to protected criticism or similar protected speech) about Mr. Beck.”

Randazza’s surreply asserted, “An average Internet user might not ‘get the joke’. In fact, the average Internet user does not understand any internet memes. That’s the fun of a meme – it is an esoteric inside joke that will leave most people scratching their heads.” In Randazza’s conclusion to the Eiland-Hall surreply, he called Beck “the butt” of a joke he apparently does not understand. Randazza wrote that Beck “should be deeply ashamed” for devaluing the First Amendment to the U.S. Constitution.

For Beck to have prevailed in the case, the WIPO arbitrator would have needed to rule in his favor on three points: the domain name was confusing with the mark “Glenn Beck”, the registrant Eiland-Hall did not have rights to the domain name, and that the domain name was registered as an act of “bad faith”. Frederick M. Abbott, the WIPO arbitrator, did rule that the domain name was confusing, but also ruled that Eiland-Hall had legitimate interest in the domain name of the website he created. “Respondent appears to the Panel to be engaged in a parody of the style or methodology that Respondent appears genuinely to believe is employed by Complainant in the provision of political commentary, and for that reason Respondent can be said to be making a political statement. This constitutes a legitimate non-commercial use of Complainant’s mark under the Policy,” said the WIPO ruling.

The WIPO decision also commented on the matter of third-party websites which may have derived profit through links from Eiland-Hall’s website, “While there is some evidence that at some stage third-party vendors of goods and services critical of [Beck] may have earned some income on sales of t-shirts and bumper stickers embodying political slogans based on click-throughs from [Eiland-Hall’s] Web site, the panel does not believe this is sufficient ‘commercial activity’ to change the balance of interests already addressed,” said the ruling.

After the WIPO ruling, Eiland-Hall decided to voluntarily relinquish ownership of the domain name and hand it over to Glenn Beck. On Friday, Eiland-Hall sent a letter to Beck, and pointed out that Beck’s actions only served to further increase publicity to the meme described on the website. “It bears observing that by bringing the WIPO complaint, you took what was merely one small critique meme, in a sea of internet memes, and turned it into a super-meme. Then, in pressing forward (by not withdrawing the complaint and instead filing additional briefs), you turned the super-meme into an object lesson in First Amendment principles,” wrote Eiland-Hall in the letter to Beck.

Eiland-Hall criticized Beck’s actions with regard to the First Amendment to the U.S. Constitution, writing, “It also bears noting, in this matter and for the future, that you are entirely in control of whether or not you are the subject of this particular kind of criticism. I chose to criticize you using the well-tested method of satire because of its effectiveness. But, humor aside, your rhetorical style is no laughing matter. In this context of this WIPO case, you denigrated the letter of First Amendment law. In the context of your television show and your notoriety, you routinely and shamelessly denigrate the spirit of the First Amendment”. He stated that he persevered in the case in order to uphold the value of the First Amendment to the U.S. Constitution, “I want to demonstrate to you that I had my lawyer fight this battle only to help preserve the First Amendment. Now that it is safe, at least from you (for the time being), I have no more use for the actual scrap of digital real estate you sought…” A representative of Beck declined to provide a comment about the WIPO ruling, after a request from PC Magazine.

Commentators 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. Wendy Davis of Online Media Daily commented on the impact of the case, “The decision appears to mark a significant win for digital rights advocates because a ruling in Beck’s favor could have encouraged other subjects of online parodies to take their complaints directly to the WIPO rather than U.S. courts, which are bound by the First Amendment.” Citizen Media Law Project’s assistant director, Sam Bayard, wrote that the ruling was appropriate, “It’s good to see that this WIPO arbitrator had no interest in allowing Beck to circumvent the guarantees of the U.S. Constitution.”

Thursday, November 8, 2007

What you are about to read is an American life as lived by renowned author Edmund White. His life has been a crossroads, the fulcrum of high-brow Classicism and low-brow Brett Easton Ellisism. It is not for the faint. He has been the toast of the literary elite in New York, London and Paris, befriending artistic luminaries such as Salman Rushdie and Sir Ian McKellen while writing about a family where he was jealous his sister was having sex with his father as he fought off his mother’s amorous pursuit.

The fact is, Edmund White exists. His life exists. To the casual reader, they may find it disquieting that someone like his father existed in 1950’s America and that White’s work is the progeny of his intimate effort to understand his own experience.

Wikinews reporter David Shankbone understood that an interview with Edmund White, who is professor of creative writing at Princeton University, who wrote the seminal biography of Jean Genet, and who no longer can keep track of how many sex partners he has encountered, meant nothing would be off limits. Nothing was. Late in the interview they were joined by his partner Michael Caroll, who discussed White’s enduring feud with influential writer and activist Larry Kramer.

Saturday, September 13, 2008

At least 25 people have been killed and many more injured when a Metrolink commuter train collided yesterday afternoon with a Union Pacific freight train in the Chatsworth district of Los Angeles. Around 250 firefighters have responded to the accident scene.

Estimates are that 350-400 people were on the number 111 commuter train which departed from Los Angeles’ Union Station at 3:35pm PDT. The collision occurred on Friday at about 4:25pm PDT on Metrolink’s Ventura County Line. The area in which the crash took place is hilly and contains a single track; it is just north of the Chatsworth Metrolink station.

The force of the collision sent the locomotive of the Metrolink train to penetrate deep into the lead bi-level passenger car of the three-car train. The collision then knocked the Union Pacific and Metrolink locomotives on their side along with the lead passenger car.

According to various sources, upwards of 10-15 passengers, possibly even more than 20, have been killed, including a Los Angeles Police Department (LAPD) officer. The LAPD has not released the name of the officer. The engineer of the Metrolink train is believed to be another of the fatalities.

The number of injured is believed to be 135, although the precise number is still unclear. According to emergency responders, the injured have been transported to Los Angeles area hospitals, including the University of California, Northridge Hospital Medical Center, Providence Holy Cross Medical Center and Huntington Hospital.

“This is the worst accident I’ve ever seen. Clearly the injuries are going to mount and so are the fatalities,” Mayor of Los Angeles, Antonio Villaraigosa, said.

It is unclear how the accident occurred. Some of the possibilities include a signal malfunction, a failure by a crew member to notice a signal or a lapse in protocol for moving trains safely in the area. According to Metrolink and the Los Angeles Times, the National Transportation Safety Board has a team on scene and is investigating.

In an apparently unrelated incident less than an hour after the crash in Chatsworth, another Metrolink train collided with a car in Corona, California, killing the female driver of the automobile.

Friday, September 24, 2010

People in American Samoa were given only eight minutes warning that a tsunami, which killed 32 people in the unincorporated territory, resulting from the 2009 Samoa earthquake, was approaching. A report published by the United States Congress admits that the warning was issued sixteen minutes after the 8.0 magnitude earthquake struck Samoa. The tsunami killed nearly 200 people in American Samoa, Samoa and Tonga.

The report, written by the National Research Council, describes the length of time between the earthquake and the initial tsunami warning being issued as “relatively long”, and states that the standard time for such a warning to be issued to be around two minutes. The study also revealed that one third of tsunami sensors are not working at any given time.

John Orcutt, a [seismologist and head of the committee that wrote the report, described the delay as a “major concern”, but he also said that “a large number of people” in American Samoa “didn’t understand and there were lives that were lost because people simply didn’t take the action to get away from the shore when they felt this huge earthquake. People have to understand the signs of a tsunami and head to higher ground.”

The Federal Emergency Management Agency, whose purpose is to coordinate the response to a disaster that has occurred in the United States and that overwhelms the resources of local and state authorities, and the Government of American Samoa did not respond to e-mails regarding the news.

The study also notes that people living in other coastal cities around the world are at risk of being unprepared for tsunamis that arrive soon after the earthquake occurs, stating that in many places, warnings might not be issued in time. “If the source were so close to shore that only minutes were available before the tsunami reached the coast, the public would need to recognize natural [signs of a tsunami approaching].” The report states that when they fear a tsunami is imminent, people should know to evacuate even “without official warnings.”

The report warns that because tsunamis are so rare, people living near the coast do not know what to do, but it also criticises authorities for not informing citizens of how to react when a tsunami is approaching. “Everybody thought that the tsunami was a single wave, and once the expected landfall time came and left, they thought it was over,” said Costas Synolakis, who is director of the Tsunami Research Center at the University of Southern California, and one of the report’s authors. He continued, “In fact, tsunamis are a series of waves that can last for three to four hours.”

He said that the United States must take action, training first responders in low-lying coastal areas, and adding more tsunami sensors to give advance warning of approaching waves. Synolakis added that, after receiving warning that there may have been a tsunami on the way after the Chile earthquake earlier this year, the response of firefighters at the Port of Los Angeles was poor because they were unfamiliar with how to deal with such a threat.

In the capital of American Samoa, Pago Pago, the tsunami measured 1.57 meters in height. The superintendent of the National Park of American Samoa Mike Reynolds reported four waves as high as six meters. People who experienced the quake said it was long, lasting from 90 seconds to three minutes. “Pago Pago city streets were strewn with overturned vehicles, cars, and debris. Some buildings located only slightly above sea level were completely destroyed by the waves, and power in some locations is not expected to be restored for up to a month,” Wikinews reported at the time.

Didi Afuafi, 28, who was riding on a bus in American Samoa when the tsunami struck, described her experiences. “I was scared. I was shocked. All the people on the bus were screaming, crying and trying to call their homes. We couldn’t get on cell phones. The phones just died on us. It was just crazy,” she said. “This is going to be talked about for generations.” U.S. President Barack Obama said of the disaster: “My deepest sympathies are with the families who lost loved ones and many people who have been affected by the earthquake and the tsunami.”

The people of American Samoa will, next Wednesday, according to a press release by the government, “hold island-wide services to honor the memories of the 34 loved ones who lost their lives” during the tsunami. Church services will be held at 6:00 a.m., followed at 6:48 a.m.—the time when the earthquake occured—thirty-two bells will be rung in memory of those who perished.

Wednesday, November 21, 2007

A former accountant for Oral Roberts University (ORU) has filed a lawsuit against ORU and its Board of Regents claiming he was told by Richard Roberts and his wife Lindsay to “cook the books”, hiding financial wrongdoing from authorities and the public. Trent Huddleston, the accountant, has filed suit against the school and the Robertses claiming he “was improperly and unlawfully directed to perform functions and duties in violation of state and federal law in an effort by the defendants to ‘cook the books’ and hide from the appropriate authorities and the public the continued wrongdoing, improper and illegal conduct of the defendants, and in particular, of Richard and Lindsay Roberts.”

Huddleston said that nearly $123,000 in remodeling fees for their home was paid by Oral Roberts University and Oral Roberts Ministries. In addition the lawsuit alleges $4,000 was spent on a pool table for the Robertses. Previously the Roberts were accused of illegal political and financial wrongdoing, which forced the president to step down from his positison.

Last week at a meeting called by Oral Roberts, founder of the University and former faith healer, a majority of the faculty voted against allowing Richard to serve as president.

An ORU spokesman declined to comment on latest lawsuit and the faculty meeting.

In other news, Tulsa World released emails between Richard and his political adviser and sister-in-law, Stephanie Cantees. The emails given by an anonymous source, show the two plan to gain political influence using ORU students.

Wednesday, February 22, 2006

The Bathurst Regional Council has begun preparing the Mount Panorama motor racing circuit for the inaugural Bathurst International Motorsport Festival (BIMF) to be held between April 13 and 16, 2006. The Mount Panorama motor racing circuit is considered to be the home of motorsport in Australia.

Council’s staff have been busy cleaning the facilities, erecting signage, checking pedestrian bridges and inspecting the track surface for the past few days.

The BIMF will be the first event to be held at the 6.2 kilometre circuit over Easter since 2000. In 2000, Event Management Specialists held the first motorcycle racing event since 1990, but due to EMS going bankrupt a short time after their 2000 event was ran and the inability of the then Bathurst City Council to find another promoter, the Easter event was canned.

The BIMF is inspired by the Festival of Speed and Goodwood Revival in the United Kingdom. The Bathurst Regional Council and event promoter Global Entertainment Team promise that the event “will cater for all motoring enthusiasts, collectors and historians”.

According to the BIMF website, the on-track program consists of:

• Manufacturers showcasing their vehicles and track times
• Historic touring car races
• Aussie racing car races
• Australian GT sports car
• Parade laps by car clubs
• Parade laps and races by “Legends of Motorsport”
• Stunt car and bike events
• Rally cars
• Displays of cars from all eras of Mount Panorama’s history
• The chance for patrons to purchase a ride around the circuit in a race car.

Off the track, the organisers have promised manufacturer displays, merchandise stands, music, joyflights, Off-road demonstrations and joyrides, autograph sessions and interviews with influential people in the Australian motor industry.

Tuesday, September 5, 2006