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brayton_headshot_wre_1443.jpg Ed Brayton is a journalist, commentator and speaker. He is the co-founder and president of Michigan Citizens for Science and co-founder of The Panda's Thumb. He has written for such publications as The Bard, Skeptic and Reports of the National Center for Science Education, spoken in front of many organizations and conferences, and appeared on nationally syndicated radio shows and on C-SPAN. Ed is also a Fellow with the Center for Independent Media and the host of Declaring Independence, a one hour weekly political talk show on WPRR in Grand Rapids, Michigan.(static)

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« Michigan Court Limits Sex Offender Registry | Main | Mikey Weinstein Gets Mail »

Beck Loses Domain Dispute - But Gets Web Site

Posted on: November 9, 2009 9:09 AM, by Ed Brayton

So the dispute filed by Glenn Beck against Isaac Eiland-Hall over the website glennbeckrapedandmurderedayounggirlin1990.com has come to an unusual conclusion. Unsurprisingly, Beck lost the dispute. The arbitrator ruled against Beck (see full ruling here), saying that the parody was a legitimate use of the name:

Respondent appears to the Panel to be engaged in a parody of the style or methodology that Respondent appears genuinely to believe is employed by Complainant in the provision of political commentary, and for that reason Respondent can be said to be making a political statement. This constitutes a legitimate non-commercial use of Complainant's mark under the Policy.

Ironically, Beck never did respond to Marc Randazza's motion for a stipulation that the panel would have to apply American law in deciding the case, but it didn't matter. He never really had a case even under the standards applicable by this international tribunal.

But after winning the case, Isaac Eiland-Hall did something unexpected: He handed the domain over to Beck, saying that he had proven his point and that Beck's hypocritical actions had done more than he ever could have done with the site to make him a laughingstock. In a letter to Beck, Eiland-Hall wrote:

As you are now aware, I have prevailed in the WIPO action that you filed against me. I write now to voluntarily relinquish the disputed domain to you, even though you did not win the case. My criticism of you has been amply made -- in no small part, with your assistance in this case -- and I have no desire to attempt to punish you personally beyond the levying the criticism itself.

It bears observing that by bringing the WIPO complaint, you took what was merely one small critique meme, in a sea of internet memes, and turned it into a super-meme. Then, in pressing forward (by not withdrawing the complaint and instead filing additional briefs), you turned the super-meme into an object lesson in First Amendment principles.

Well played, sir. Well played.

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Comments

1

The irony is delightful and the punishment is just. The shame is that Bek will learn nothing from this and take little harm I fear. How best to smack him withthis is the question on my mind.

Posted by: MikeMa | November 9, 2009 9:15 AM

2

anyone think that Beck will talk about it on his show, throwing his quiet loss under the bus?

Posted by: Umlud | November 9, 2009 9:26 AM

3

Let's hope, for amusing self-destruction's sake, Mr. Bek keeps to form and decides to "stay lassy". :) - DJ

Posted by: DingoJack | November 9, 2009 9:33 AM

4

Also, just so you know - the site is still available at http://gb1990.com/

Posted by: Isaac Eiland-Hall | November 9, 2009 9:40 AM

5

Part of my appreciation of the site came from the knowledge that it annoyed Beck to the point that he resorted to this arbitration. Losing to Eiland-Hall must have made the site a much bigger thorn in Beck's side. Insofar as it brings me pleasure to imagine Beck's ire, I regret the site coming down.

Posted by: barry21 | November 9, 2009 9:50 AM

6

I didn't see Mr. Eiland-Hall's comment until after I posted my own. Thanks for keeping the content up!

Posted by: barry21 | November 9, 2009 9:53 AM

7

So, can we now expect Glenn Beck to finally deny that he murdered and raped a young girl in 1990? And what about that turtle you raped and murdered in 1991 Glenn? I heard that Glen was too fat and slow in 1991 to catch young girls anymore, so since 1991, he has only been able to catch and rape turtles and other small animals. Although GLENN BECK HAS NEVER DENIED THAT HE RAPED AND MURDERED A YOUNG GIRL IN 1991!!!

Posted by: J-Dog | November 9, 2009 9:57 AM

8

What's the difference between Glenn Beck and his appendix?

One is a toxic festering little sack of shit, the other is an internal organ.

Posted by: T. Bruce McNeely | November 9, 2009 10:21 AM

9

Now I find myself wondering whether Beck knows what a meme is.

Posted by: xebecs | November 9, 2009 10:46 AM

10

J-Dog - Glenn Bek has never denied the fact that Carrie (bucket 'o blood) Prejean was 'the one who got away', either.
Not that I believe it, but WHAT HAVE YOU GOT TO HIDE MR. BEK? (Not that I, in anyway, believe it, of course), EXPECT IT'S TRUE!!eleventy-one!* :) - DJ
----------
*Or is it ?!?!?

Posted by: DingoJack | November 9, 2009 10:48 AM

11

Be Honest. If the URL had begun with www.barackobama.. wouldn't you and the entire media have demanded the site be taken down?

Rick Sanchez on the other hand, actually did kill someone while driving drunk, and was rewarded with a anchor job at CNN.

Posted by: Ralph Smorra | November 9, 2009 11:00 AM

12
Be Honest. If the URL had begun with www.barackobama.. wouldn't you and the entire media have demanded the site be taken down?

Why, is there any evidence Obama killed a young girl in 1990 and subsequently raped the corpse?

Posted by: kehrsam | November 9, 2009 11:09 AM

13

Kehrsam - ...not that you believe it personally ...& etc. :) - DJ

Posted by: DingoJack | November 9, 2009 11:16 AM

14

Ralph Schnorrer:

Oh, yeah, GOD forbid that any reichwing dickwad would put up a nasty website about Mr. Obama--yeah, that'll be the day when teh GAY, black helicopters full of GAY, black, jackbooted thugs fan out across MerKKKa to murder the REAL patriots.

Posted by: democommie | November 9, 2009 11:35 AM

16
Be Honest. If the URL had begun with www.barackobama.. wouldn't you and the entire media have demanded the site be taken down?

Well, for one, the birthers and the teabaggers would be protesting on the steps of the Capitol Building the very next day demanding that President Obama be impeached for the crime of child rape.

Best not to confuse the natives any more than necessary.

Posted by: tacitus | November 9, 2009 1:39 PM

17

Be Honest. If the URL had begun with www.barackobama.. wouldn't you and the entire media have demanded the site be taken down?

Please point me to all of the outrage over www.barackobamaantichrist.blogspot.com

-Richard

Posted by: Richard | November 9, 2009 1:43 PM

18

I wonder how long Glenn Beck is going to write the checks to keep control over the glennbeckrapedandmurderedayounggirlin1990.com domain name?

It kinda gives me a nice warm feeling just thinking about that.

Posted by: Dave X | November 9, 2009 2:53 PM

19

So now the question is, will Beck redirect the URL to his website, in case any "morons in a hurry" are looking for GlennBeck.com?

Posted by: James Sweet | November 9, 2009 2:55 PM

20

http://whois.org/whois/GlennBeckRapedAndMurderedAYoungGirlIn1990.com says:

Domain name: glennbeckrapedandmurderedayounggirlin1990.com

Registrant Contact:
Mercury Radio Arts, Inc
Chris Balfe ()

Fax:
1133 Avenue of the Americas
34th Floor
New York, NY 10036
US

Administrative Contact:
Mercury Radio Arts, Inc
Chris Balfe (cbalfe@glennbeck.com)
+1.2125201500
Fax: +1.5555555555
1133 Avenue of the Americas
34th Floor
New York, NY 10036
US
...

#########

Tee hee hee. Too bad Chris Balfe's wikipedia page doesn't show a link to this site.

Posted by: Dave X | November 9, 2009 3:01 PM

21

Did Chris Balfe pwn and humiliate a young Glenn Beck in 2009?

Posted by: Kapitano | November 9, 2009 3:25 PM

22

Hey guys, I just heard on the Internet that Glenn Beck's production company, Mercury Radio Arts, owns a domain name called glennbeckrapedandmurderedayounggirlin1990.com. Notice how it isn't in the form of a denial or a question, but rather an unambiguous statement! Someone should ask Glenn Beck why he would have a domain like that.

Posted by: jpf | November 9, 2009 4:55 PM

23

"Be Honest. If the URL had begun with www.barackobama.. wouldn't you and the entire media have demanded the site be taken down?"

I would have assumed that it was Glenn Beck reporting, of course.

Posted by: Adam | November 9, 2009 7:04 PM

24

barry21: You should just use it whenever you mention Beck so that it becomes common knowledge. Something like, "Glen Beck, who tried to use a European Court to shutdown an American parody site, may have raped and murdered a 14-year-old girl in 1990, and he refuses to deny it!"

Posted by: Julian | November 9, 2009 8:47 PM

25

By deciding against Beck and allowing people to continue to ask whether he raped and killed a woman the Court implied that Beck should at least deny the allegations. http://unreasonablysafe.com/2009/11/10/beckrapecase/

Posted by: 2sayf | November 10, 2009 6:39 AM

26

Why is it that nothing but hate comes from the left as they accuse the right's legitimate issues as hate speech? I don't think I want to belong to the democratic party anymore it has gone too far towards communism.

Posted by: John | November 10, 2009 8:46 AM

27
I don't think I want to belong to the democratic party anymore it has gone too far towards communism.

Communism?

*blink blink*

Communism?

Okay, let's have it--three supported examples of how the Democratic Party is tending toward Communism. Go.

Posted by: Josh | November 10, 2009 8:56 AM

28

Josh - I believe that what John is saying is that the Democratic Party is now communistic because Glenn Beck raped and murdered a young turtle in 1991, which Mr. Beck has never denied.

Posted by: J-Dog | November 10, 2009 9:11 AM

29

"Why is it that nothing but hate comes from the left as they accuse the right's legitimate issues as hate speech? "

Would you care to provide some examples?

Posted by: JohnV | November 10, 2009 9:20 AM

30

So J-Dog, then it really is true that he never denied that?

"Wow" is all I have to say.

Posted by: Josh | November 10, 2009 9:26 AM

31

"I don't think I want to belong to the democratic party anymore it has gone too far towards communism."

lol wut

Posted by: Coryat | November 11, 2009 7:02 AM

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