Actually, that's a tough call. If someone creates a page in someone elses image and purports to be that person, which is what was implied in the article by the person responding on Obama's behalf, then I think you could have a legal arguement for ownership rights.
Actually, that's a tough call. If someone creates a page in someone elses image and purports to be that person, which is what was implied in the article by the person responding on Obama's behalf, then I think you could have a legal arguement for ownership rights.
I dont recall ever seeing a claim that he responded on Obama's behalf, or purported to be him. He probably had the capacity to do so, especially after Obama's campaign started working directly with him on the site's content, but I havent seen a claim that he actually did it.
Show me where the law grants people ownership of their name once they become famous. As I said above, I havent seen a claim that this guy was actually sending messages to people claiming to be Obama. It sounds like it was a fan site that Obama started working with after the friends list grew and the media took notice.
They specifically say:
This doesn't definitively state that's what he was doing but it's implied. Either way, it's a touchy enough issue when you start talking about high-level politics that I can see why they allowed it.
This doesn't definitively state that's what he was doing but it's implied. Either way, it's a touchy enough issue when you start talking about high-level politics that I can see why they allowed it.
I don't know of the specific law but people certainly can trademark their names, in politics and entertainment your name and image are very important marketable items.
So you are OK with a politician muscling you in a way that a private citizen couldnt because the politician was afraid you had the capacity to damage his image?
I think the creator of the site should be allowed to keep it.
Why? Because it is over two years old, the Obama camp knew about it and did nothing for how long?
The key is how long did they know about, let alone use it, before deciding to take it over.
Unless they are just shutting it down or replacing it completely they owe him money if they use it. Otherwise its just theft. The name they own, the site they don't.
Why? Because it is over two years old, the Obama camp knew about it and did nothing for how long?
The key is how long did they know about, let alone use it, before deciding to take it over.
Unless they are just shutting it down or replacing it completely they owe him money if they use it. Otherwise its just theft. The name they own, the site they don't.
Actually I never said that...
If a private citizen wanted to take ownership of a page that was purported to belong to them and offered a false image of said person of course I think he should be given control over it, what I was saying was that when it comes to high-level politics people are particularly touchy, so even if the guy wasn't making responses in Obama's name it was a logical if heavy-handed precaution to take to prevent it from happening down the road.
I don't care if it was 2 years or 200 years. He could have been using Obama's name and likeness since the beginning of time for all I care, but since it's Obama's name and likeness it's his to decide when someone else should stop using it. I think it's unfortunate he had to do it but that's the state American politics has gotten to.
Given the media attention brought to this on Drudge, FoxNews, etc, I'll bet his campaign is already regretting this.
Fern
Elite Member
- Sep 30, 2003
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If Obama and/or his staff suddenly became worried people thinking this was an official site (when it wasn't) or worried about responses from the original guy, there are many many ways to to fix the problem other than just stealing the site.
-Make him put disclaimers on the site or the responses, change the name, have the guy put a prominent link to the "official" Obama site. etc.
They handled it very clumsily & very harshly.
While this affair is no deal, nothing of great national import etc, I do think things like this are revealing of a person and/or his campaign. Frankly, this seems more like HRC's behavior than what I would have expected from Obama.
Fern
-Make him put disclaimers on the site or the responses, change the name, have the guy put a prominent link to the "official" Obama site. etc.
They handled it very clumsily & very harshly.
While this affair is no deal, nothing of great national import etc, I do think things like this are revealing of a person and/or his campaign. Frankly, this seems more like HRC's behavior than what I would have expected from Obama.
Fern
IMO this would be like someone writing an authorized biography (Obama and his camp new about it and supported it) and then the subject wanting ownership of the book, the ability to do the book signings instead of the author, and the right to do future revisions of the book.
There were many other ways to handle it that would have been way better.
There were many other ways to handle it that would have been way better.
Imo they are both in the wrong here. The kid should not have expected such hefty compensation and the political team should not have hijacked the site. They did strongarm the kid but he shouldn't have expected to control the site forever of a major political candidate.
I don't know why they could not reach a more reasonable settlement from the matter.
I don't know why they could not reach a more reasonable settlement from the matter.
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