Warner Bros. v. HP websites

[Jim Ferer]

No: HPFGUIDX 7727

This whole thing is a new technology/Internet conumdrum that 
eventually will have to be decided by legislation or the Supreme 
Court (in the US, anyhow)

Owners of copyrights must defend them or lose them. The most famous 
case is how Bayer lost the rights to their trademark "aspirin", or how 
the rights to the word "thermos" were lost. So Warner's has a 
legitimate worry.

OTOH, there is a "fair use" doctrine and free speech issues that 
haven't been settled.  What if Firestone could suppress the use of its 
trademarks in discussions of all the tires that blew up? What if the 
Harry Potter movie is a turkey? What are you supposed to call groups 
about Harry Potter? Do we have to call *him* You Know Who also? 
Warner's probably copyrighted You Know Who anyhow.

Some of the folks who surrendered their site names might not have had 
to do that, but they know they haven't got a chance against an army of 
Warner Brothers lawyers. Justice belongs to those who can afford it; 
and if the facts are against you and the law fails, try bullying. 
Here's what I think is fair: Non-profit Web sites shouldn't have to 
give up their registrations.  They should have to post a notice on the 
banner page acknowledging their unofficial status and Warner's 
copyrights. Warner's copyrights should not be in peril because 
non-profit fan sites use a copyrighted name. Warner, in their own 
promotional self-interest and to forestall bad publicity, ought to 
make images available at low rates or no rates to fan sites, and the 
sites ought to put the "(c) Warner Brothers, used by permission" on 
them.

Warner's benefits by these sites; they build a hard-core fan base and 
buzz that's very much to their advantage.  They should acknowledge 
that and know that their legitimate rights are protected.