University
Sues Student for Operating a Critical Website - And
the Student Wins [February 11, 2004]
WASHINGTON, Feb 11, 2004 /PRNewswire
via COMTEX/ -- A college student recently won an internet
trademark lawsuit that had been initiated by a Florida
university, Full Sail, Inc. The university sued the
student in an attempt to shut down the student's website
and to obtain financial compensation for damages that
allegedly resulted from the operation of the site and
the posting of students' criticism of the school. The
lawsuit was dismissed and a legal proceeding before
the World Intellectual Property Organization (WIPO)
was decided in favor of the student. The university
has appealed the decision.
The student, Ryan Spevack, remarked,
"It is amazing that a university in this country
is trying to punish me for exercising my first amendment
right of freedom of speech. People should be able to
speak out and even criticize institutions. Isn't this
one of the freedoms that our soldiers in Iraq are fighting
for? As a student myself, I want young people to understand
that it is important to choose your school carefully.
I consider the decision in the WIPO case to be a very
important victory for the rights of domain owners and
for freedom of speech on the Internet. I am also glad
that the judge dismissed Full Sail's civil lawsuit against
me and my former web hosting company that had nothing
to do with my website or its content. Companies with
lots of money just want to bully critics."
"My website fullsailsucks.com provides
an opportunity for students to comment about the school
and to express their opinions," said Spevack. "It
is a way for people to share their experiences so that
students or parents shopping for an expensive college
degree can make an informed, educated decision. The
site is totally non-commercial and is not designed to
stop students from attending Full Sail. In fact, the
postings on the site include some positive reviews.
However, many of the comments indicate that a number
of students believe that Full Sail does not provide
an education that is worth the cost of the tuition."
According to the student's lawyer, Stephen
H. Sturgeon, an Internet law expert in Washington, DC,
"The decision in this case is a victory for freedom
of speech. Fortunately, many of the legal decisions
regarding the Internet demonstrate that the 'little
guy' can win -- and that individuals can express their
opinions. We have won other Internet law cases against
large corporations such as Microsoft, Bell Telephone,
Motorola and Johnson & Johnson -- in spite of the
fact that our clients have been individuals or small
companies."
The
domain name dispute decision issued by the World Intellectual
Property Organization is: http://arbiter.wipo.int/domains/decisions/html/2003/d2003-0502.html
The federal court case is Full Sail,
Inc. v Ryan Spevack, Case No. 03-CV- 887, United States
District Court, Middle District of Florida.
Full Sail's website is http://www.fullsail.com
Ryan Spevack's email: contact@fullsailsucks.com
The website of the student's lawyer
is Domain-Name-Dispute-Lawyers.com
SOURCE Law Offices of Stephen H. Sturgeon and Associates
Stephen H. Sturgeon, President of the
Law Offices of Stephen H.
Sturgeon and Associates, +1-202-393-8033, or pr@sturgeonassociates.com
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