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Can Blogs be Usurped by Hostile Takeover?

An unusual district court case begins with this song, to the tune of “So Happy Together” by the Turtles.

“Imagine me as God. I do.

I think about it day and night.

It feels so right

To be a federal district judge and know that I'm

Appointed forever.

I was anointed by the President,

And revelation told him I was heaven-sent.

And Congress in their wisdom granted their consent.

Appointed forever.

I'm a federal judge

And I'm smarter than you

For all my life.

I can do whatever I want to do

For all my life.

        ****

Even at the very worst,

If you take me up to get reversed,

You'll have to get the circuit court to hear you first,

And that takes forever.”

Suboh v. Borgioli, 298 F. Supp. 2d 192, 194 (D. Mass. 2004).

What’s especially interesting is that, according to this case, these lyrics are available at http://volokh.blogspot.com/2003_04_13_volokh _archive.html#200154916.  But if you go to the online citation, you get a website entitled “SEO Reviewer,” which appears to be a collection of information about search engines. The posts collected there now are mainly about Google.

How did SEO Reviewer take over the URL to the Volokh archives? What process was involved? And are there any laws making such a takeover illegal (if done without consent)?

Nate Oman previously posted about this at Concurring Opinions here, and asked similar questions. One blogger commented: “I'm not sure how solid those claims are but I am pretty sure the ACPA extends to unregistered marks and personal names protectible as marks. Where the alleged infringer engages in no commercial activity (or engages in criticism) the claims are a bit tougher, but here, where driving traffic is the sole goal, courts may be more receptive.

If any reader knows more, please comment.

February 20, 2006 in Blog Usurpation | Permalink

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Comments

That was a great post!

Posted by: Sean Sirrine | Feb 21, 2006 2:29:33 AM

I guess I should tell you where it comes from. I heard it from a professor from UCLA when I was at a Law Preview class. The band that made this song is known as "The Bar & Grill Singers". They do a lot of catchy tunes. The name of the song is "Appointed Forever".

http://www.a-cappella.com/catalog/browse-cds-by-style/humor/p_2170c.html

That isn't the only place this song has been seen. Check out this blurb from ABC:

"about easily confirmed Judge Edward Prado of San Antonio:"

"But Prado is also a character. His courtroom is wired with the latest audiovisual equip.m.ent, which Prado, a music lover and showman, loves to demonstrate. Three years ago, during a murder-for-hire trial, he came onto the bench while a recording of 'Happy Together' by the Turtles filled the air, and then sang: 'Imagine me as God. I do. I was appointed by the president. Appointed forever. My decisions cannot be questioned by you. I'm always right.'"

Posted by: Sean Sirrine | Feb 21, 2006 2:45:38 AM

Oops, its late, here's the ABC link:

http://www.abcnews.go.com/sections/politics/US/TheNote_April16.html

Posted by: Sean Sirrine | Feb 21, 2006 2:46:43 AM

Thanks for all the great info, Sean!

Posted by: 3L Epiphany | Feb 22, 2006 12:00:49 PM

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