Re: Web Sweep

On 7/21/98, Gordon P. Firemark <firemark[_at_]firemark.com> wrote:
>
> Rose Jade <sjade[_at_]orednet.org> wrote:
> >
> > ... it may help explain the plethora of *almost but not quite* cease &
> > desist letters apparently being mailed out by zealous law firms.
> >
> <snip>
> >
> > Personally, I think this is unethical.
>
> What about these ethics? Is it unethical to take a position on behalf
> of a client which disregards any possible fair use defense? Isn't
> appropriate to take a hard line regarding uses of a client's IP, and let
> the recipient of the Cease and Desist Letter or "sign here letter" be
> responsible for asserting the defense?
>
> Isn't that the idea behind an adversary system?

I would assume that any ethical adversary system is an interaction between members with similar means and capabilities. I don't mind the idea of large company lawyers duking it out with each other over trademark issues. But on the Internet, what you have is company lawyers sending highly-threatening letters to private individuals. The latter are essentially unarmed opponents. The result is a suppression of speech (perfectly legal speech in most cases) because these private individuals are either intimidated into removing their content or, if they do begin to fight, find that they are unable to afford the litigation.

Personally, I think this is unethical.

Karen Coyle                    karen.coyle[_at_]ucop.edu
  University of California Digital Library
      http://www.dla.ucop.edu/~kec
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