A View from the Eyrie
The Email sent by Sal is one that is interesting from many stand point, and the most interesting of all is that it shows a clear lack of understanding of legal concepts. There are a few issues with Sal’s Email.
I will go through them here in a logical manner so that you can all follow along.
1 – The use of the word STARFLEET
From my reading of this site, the speech on here, protest speech, is among the most protected kind of speech. It is for reasons such as this that http://www.walmartsucks.org is permitted to remain a website. Yes, WalMart owns the name, but they cannot limit its use to only things they approve of. That is to say they cannot prevent its use in protest of parody. The United States Supreme Court has held this on a number of occasions, and those parody and protest laws apply to STARFLEETFail.com as well.
I could list the cases here, but instead I will say that if you want case law, email me.
2 – Ownership of the word STARFLEET
This is kind of interesting as the current EC is claiming to be in negotiations for exclusive rights to the word STARFLEET. Of course it makes Sal’s letter even more laughable as if they don’t yet own those rights, they can most certainly not enforce them as this site admits no liability. When they get those rights, then lets talk about this more, as even then this site is still protected. Even Garrick admitted that during General Session at the IC although I doubt he realizes it.
3 – The negative effect on recruiting
Have you ever tried to find this site through a Google search? I tried last night. It does not appear in the first 13 pages (I stopped after that) for any of the number of combinations that I tried and they were many. If I do a listing here it will show so therefore I will refrain. But let us just say that combinations of our CS’s name and the word Fail did not bring this site up. To find this site in Google, the exact name of the site had to be entered.
4 – The Logo used on this site
One word. Parody. Nothing at all says it cannot be used for Parody. Additionally, Kurt Rothinger, the creator, has given permission. STARFLEET does not have a good leg to stand on here, and any lawyer that claims otherwise is doing so on either false information or is lying to be able to collect more money.
5 – Defamation
FAIL! Defamation is spoken word. Printed word is liable. STARFLEET can attempt a defamation suit all they wish, but unless it is specific for liable, then it will….what’s the magic word kiddies……that’s right…..FAIL!
Even if Sal is claiming that this site has hurt him in any way, it is tenuous at best. First off, he has to prove damages to his reputation, and good luck with that. Second it must be shown to be malicious in nature, and again, good luck with that.
There is more I could write, but I think this is a good hello from me for my first post. Have fun 
-Martin “Legal Eagle” Lessem, JD
(2 votes, average: 2.5 out of 5)
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