Of course, as noted in the article, the copyright claim against MySpace makes no sense for a variety of reasons, starting with the fact that you can’t copyright the name of a company. Second, MySpace is clearly protected by the safe harbors of the DMCA. The guy even tries an “inducement” claim against MySpace, which only serves to highlight how ridiculous the concept of making secondary copyright infringement against the law is: people will keep trying to stretch it. As for the trademark claims, as Eric Goldman notes in the article linked above, you can’t trademark a descriptive phrase, and while there isn’t a DMCA-style safe harbor for trademarks, courts will often effectively create a safe harbor for third parties unless there’s clear evidence that they were really complicit.
Comments on “Ghostbuster Sues MySpace For Allowing Another Ghostbuster To Set Up A Website With A Similar Name”
Don’t the ghosts have any say in all of this? Shouldn’t it be considered inhumane to attack ghosts? Do ghosts have rights? I suppose you can think of it as kinda like a pest controller maybe. Do mice and insects have rights? Should ghosts be classified similarly or differently?
I wonder if ghosts sue each other.
But seriously, a ghostbuster?
I wonder if there is a ghost jail too. Maybe the cemetery? Is it guarded by ghost prison guards?
So, the guy sets up a service that blatantly capitalises on another trademark by changing one letter (come on, Ghost Scene Investigations? GSI? How does that name exist unless it’s to capitalise on CSI?) and then complains that someone else sets up a service that add another letter. Hypocritical, much?
I wonder what kinda evidence they look for? Can they do DNA testing on a ghost’s hair?
Re: Re: The best documentary....
…on ghost hunters was aired by the South Park team.
Maybe instead of copyright laws, we should push for laws that ban “services” that capitalize on the naive..
We can get rid of “ghostbusters”, “psychics”, Tarot card readers, and Credit Card insurance services all in just one stroke of a pen!
Re: New laws
I’m sure the ghosts will be thrilled 🙂
Re: Re: New laws
LMFAO! This is epicness. Yeah, I’m sure the ghosts will be thrilled 😀
“Apparently, a self-professed “ghostbuster” who calls his business “Ghost Scene Investigations” is suing MySpace because some other “ghostbuster” is also using the same name and set up a MySpace page about it.”
Where I have been able to read about it?