FC: More on sex sites, DMCA, celebrity names, and AdultCheck

From: Declan McCullagh (declanat_private)
Date: Tue Apr 09 2002 - 06:44:47 PDT

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    From: "Ethan Ackerman" <eackermaat_private>
    To: <declanat_private>
    Subject: RE: DMCA means sex sites must not mention celeb names, AdultCheck says
    Date: Mon, 8 Apr 2002 13:02:04 -0700
    Message-ID: <NDBBLEBDGLEDPDMLNBFJKECECFAA.eackermaat_private>
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    Greetings Declan,
    
    While I'm sure you have no shortage of correction emails coming in, I
    thought it important to note that the two most recent politech posts re:
    Britney Spears, the DMCA, and AdultCheck are somewhat misleading.  It is
    implied in the title that the DMCA is somehow the law behind such
    blacklisting.  While it is fair, to a first approximation, to say the DMCA
    is quite foul, it is likely that unrelated state "right-of-publicity or
    privacy" laws are why AdultCheck is curbing it's affiliates.
    
    (Unless counsel is quite uninformed, or I am uninformed) the DMCA addresses
    copyright circumvention, not rights to personas and names.  That is
    primarily the realm of "right-of-publicity or privacy" laws, and to a
    limited extent, trademark.  Fortunately, most state "right-of-publicity or
    privacy" laws are explicit in their subservience to the 1st Amendment.
    AdultCheck was probably killing two birds with one stone in their
    announcement, which looks to be titled "DMCA / ROP Policy Update."
    
    The dirt on the DMCA is considerable and ubiquitous, let's kill it with just
    the true dirt.
    
    -Ethan
    
    
    Ethan Ackerman
    Senior Research Associate,
    Shidler Center for Law, Commerce & Technology
    University of Washington School of Law
    1100 NE Campus Parkway
    Seattle, WA 98105
    Tel:  206.440.0853/Fax: 206.616.3427
    http://www.law.washington.edu/lct/
    
    
    
    
    
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