Dev.SN

Gov Liable if it Fakes Your Website

posted by mrcoolbp on Tuesday March 25 2014, @11:30PM   
from the drinking-and-spying dept.

Fluffeh writes:

A recent article by The Intercept showed how US and UK intelligence agencies have been impersonating the servers of companies like Facebook. In November, Der Spiegel noted that agencies created "bogus versions" of sites like Slashdot and LinkedIn to plant malware in targets' machines.

Copyright claims brought against the government must be filed in the US Court of Federal Claims, and the subject matter in question must have previously been registered with the Copyright Office-something companies don't typically do for their Web interfaces.

In contrast, under the Lanham Act, the government is expressly liable. The law clearly states, "As used in this paragraph, the term 'any person' includes the United States, all agencies and instrumentalities thereof, and all individuals, firms, corporations, or other persons acting for the United States and with the authorization and consent of the United States."

• I'll give it a try.... I'll give it a try.... (Score: 3, Interesting) by rts008 on Wednesday March 26 2014, @05:28AM

  by rts008 (3001) on Wednesday March 26 2014, @05:28AM (#21406)

  IMHO, trademark lawsuits went out of style years ago, and recently 'copyright wars' and 'style patents'('rounded corners' is the prevalent example used) have erupted and is more in the media spotlight.
  There is just 'more bang for the buck' currently with copyright lawsuits...kinda like the 'war on terror' and other hyperbole.

  I think the modding was heavyhanded in this case, but that is just my opinion. Maybe someone else can explain it better?

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• Re:I'll give it a try.... (Score: 3, Interesting) by Tork on Wednesday March 26 2014, @05:37AM

  by Tork (3914) on Wednesday March 26 2014, @05:37AM (#21409)

  Well... the reason I brought up trademark law is that if I create a website claiming to be Slashdot (which I assume, possibly in error, to be trademarked...) then I instantly lose the case. Okay, that's an over-simplification, but the whole idea behind trademark law is to prevent consumer confusion. Copyright law is a good deal more subjective.

  This is why I challenged the mod. I was half-hoping to hear: "You fool, the Gov't is immune to trademark law!". In which case, my question might have been worth being modded overrated. Oh well...

  --
  Slashdolt logic: 1600 x 1200 > 1920 x 1200

  Parent