Court Smacks Down Koch Industries’ Attempt to Shut Down Satirical Website — Koch Industries v. Does

2 06 2012

[Post by Venkat Balasubramani]

Koch Industries, Inc. v. Does, 10CV1275DAK (D. Utah; May 9, 2011) [.pdf]

EFF, Public Citizen and other similar organizations have excellent resources for creators of parody and satire on the internet. A recent case (litigated by Public Citizen) illustrated a few pitfalls a plaintiff–who is seeking to shut down such non-commercial content–may face. A commercial motivation does not automatically doom a parody or satire defense, but the total absence of a commercial motive will neutralize a plaintiff’s claims.

Other coverage:

Utah Court Strikes Blow for Free Speech, Dismisses Trademark and CFAA Claims Against Political Activists” (EFF)
Court Protects Hoax Press Release” (Bill McGeveran)
In Which We Lose Our Funding And Are Reduced To Eating Gravel” (Popehat)
In Koch spoof case, judge favors First Amendment” (CitizenVox)


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