No subject
Thu Nov 5 14:38:21 CET 2009
never have heard of the case if he hadn't tried to hide it!
On Fri, Dec 18, 2009 at 1:24 PM, Michael Nadler <
michaelnadler at pirateparty.org.au> wrote:
>
> http://www.nytimes.com/aponline/2009/12/16/business/AP-US-Inmate-Name-Copyright.html?_r=4
>
> Ex-Lawmaker Convicted of Rape: Name Is Copyrighted
> By THE ASSOCIATED PRESS
> Published: December 16, 2009
>
> *Filed at 8:23 a.m. ET*
>
> PIERRE, S.D. (AP) -- A former South Dakota lawmaker convicted of raping his
> two foster daughters has sent news organizations what he claims is a
> copyright notice that seeks to prevent the use of his name without his
> consent.
>
> A letter and an accompanying document labeled ''Common Law Copyright
> Notice'' said former state Rep. Ted Alvin Klaudt is reserving a common-law
> copyright of a trade name or trademark for his name. It said no one can use
> his name without his consent, and anyone who does would owe him $500,000.
>
> Klaudt was convicted in 2007 on four counts of second-degree rape for
> touching his teenage foster daughters' breasts and genitals in phony
> examinations he said could help them sell their eggs to infertile couples.
> He was sentenced to 44 years in prison for rape and 10 more years after
> pleading guilty to two counts of witness tampering.
>
> The notice, received by The Associated Press and several other news
> organizations Monday, carried a return address that matched that of the
> state prison in Springfield, where Klaudt is being held.
>
> Klaudt's daughter, Roxy, reached by telephone at the family ranch near
> Walker, confirmed that her father had sent the copyright notice but would
> not explain why.
>
> The former lawmaker could not immediately be reached for comment because
> inmates must be contacted initially by letter and asked to write or call,
> said Michael Winder, a spokesman for the state Corrections Department.
>
> Laura Malone, associated general counsel for intellectual property at The
> Associated Press, said names of people, companies and products cannot be
> protected under copyright law. Names can be protected under trademark law,
> but only in association with goods or services used in commerce, she said.
>
> ''Even if there was a valid trademark, the mere use of the name in a news
> story is not an infringement of trademark,'' Malone said Tuesday.
>
> ''There is no legal substance to these claims,'' she added.
>
> The letter and copyright notice Klaudt sent to The Associated Press carried
> a postmark of Dec. 11 from Mobridge, a city near his ranch. The notice was
> signed July 13, 2008, and notarized in Bon Homme County, the location of the
> Springfield prison. It also included a seal indicating it was filed with the
> register of deeds in Corson County, where the family ranch is located, on
> July 31, 2008.
>
> The letter said anyone seeking to use Klaudt's name would have to file a
> written request 20 days in advance. It also said he would pursue charges and
> other legal action against anyone who violated the notice.
>
> South Dakota's Supreme Court<http://topics.nytimes.com/top/reference/timestopics/organizations/s/supreme_court/index.html?inline=nyt-org>upheld Klaudt's convictions in August for the events that occurred in his
> Pierre motel suite during the 2005 and 2006 legislative sessions. Klaudt
> served in the state House from 1999-2006 and left because of term limits. He
> ran for a state Senate seat in 2006 but lost to the Democratic candidate.
>
> His lawyer had argued in the appeal that while Klaudt's actions were
> terrible, they did not amount to rape because the girls gave their consent
> in the belief they could make money by donating eggs to infertile couples.
>
> A state prosecutor countered that Klaudt did rape the girls because he
> coerced the two into fake medical examinations and they did not consent to
> what Klaudt was really doing.
>
> _______________________________________________
> pp.australia.general mailing list
> pp.australia.general at lists.pirateweb.net
> http://lists.pirateweb.net/cgi-bin/mailman/listinfo/pp.australia.general
>
>
--
Regards,
Michael Jensen
IT/Systems Committee
--0016369206ff301ae7047af83fc0
Content-Type: text/html; charset=ISO-8859-1
Content-Transfer-Encoding: quoted-printable
Sound to me like he's trying to avoid his name being associated with ra=
pe. From the sounds of the story, it will go Streisand on him. Most people =
would never have heard of the case if he hadn't tried to hide it!<br>
<br><div class=3D"gmail_quote">On Fri, Dec 18, 2009 at 1:24 PM, Michael Nad=
ler <span dir=3D"ltr"><<a href=3D"mailto:michaelnadler at pirateparty.org.a=
u">michaelnadler at pirateparty.org.au</a>></span> wrote:<br><blockquote cl=
ass=3D"gmail_quote" style=3D"margin:0 0 0 .8ex;border-left:1px #ccc solid;p=
adding-left:1ex;">
<div><a href=3D"http://www.nytimes.com/aponline/2009/12/16/business/AP-US-I=
nmate-Name-Copyright.html?_r=3D4" target=3D"_blank">http://www.nytimes.com/=
aponline/2009/12/16/business/AP-US-Inmate-Name-Copyright.html?_r=3D4</a></d=
iv>
<div>=A0</div>
<div>Ex-Lawmaker Convicted of Rape: Name Is Copyrighted=20
<div>By THE ASSOCIATED PRESS</div>
<div>Published: December 16, 2009 </div>
<div>
<p><b>Filed at 8:23 a.m. ET</b></p>
<p>PIERRE, S.D. (AP) -- A former South Dakota lawmaker convicted of raping =
his two foster daughters has sent news organizations what he claims is a co=
pyright notice that seeks to prevent the use of his name without his consen=
t.</p>
<p>A letter and an accompanying document labeled ''Common Law Copyr=
ight Notice'' said former state Rep. Ted Alvin Klaudt is reserving =
a common-law copyright of a trade name or trademark for his name. It said n=
o one can use his name without his consent, and anyone who does would owe h=
im $500,000.</p>
<p>Klaudt was convicted in 2007 on four counts of second-degree rape for to=
uching his teenage foster daughters' breasts and genitals in phony exam=
inations he said could help them sell their eggs to infertile couples. He w=
as sentenced to 44 years in prison for rape and 10 more years after pleadin=
g guilty to two counts of witness tampering.</p>
<p>The notice, received by The Associated Press and several other news orga=
nizations Monday, carried a return address that matched that of the state p=
rison in Springfield, where Klaudt is being held.</p>
<p>Klaudt's daughter, Roxy, reached by telephone at the family ranch ne=
ar Walker, confirmed that her father had sent the copyright notice but woul=
d not explain why.</p>
<p>The former lawmaker could not immediately be reached for comment because=
inmates must be contacted initially by letter and asked to write or call, =
said Michael Winder, a spokesman for the state Corrections Department.</p>
<p>Laura Malone, associated general counsel for intellectual property at Th=
e Associated Press, said names of people, companies and products cannot be =
protected under copyright law. Names can be protected under trademark law, =
but only in association with goods or services used in commerce, she said.<=
/p>
<p>''Even if there was a valid trademark, the mere use of the name =
in a news story is not an infringement of trademark,'' Malone said =
Tuesday.</p>
<p>''There is no legal substance to these claims,'' she add=
ed.</p>
<p>The letter and copyright notice Klaudt sent to The Associated Press carr=
ied a postmark of Dec. 11 from Mobridge, a city near his ranch. The notice =
was signed July 13, 2008, and notarized in Bon Homme County, the location o=
f the Springfield prison. It also included a seal indicating it was filed w=
ith the register of deeds in Corson County, where the family ranch is locat=
ed, on July 31, 2008.</p>
<p>The letter said anyone seeking to use Klaudt's name would have to fi=
le a written request 20 days in advance. It also said he would pursue charg=
es and other legal action against anyone who violated the notice.</p>
<p>South Dakota's <a title=3D"More articles about the U.S. Supreme Cour=
t." href=3D"http://topics.nytimes.com/top/reference/timestopics/organizatio=
ns/s/supreme_court/index.html?inline=3Dnyt-org" target=3D"_blank"><font col=
or=3D"#004276">Supreme Court</font></a> upheld Klaudt's convictions in =
August for the events that occurred in his Pierre motel suite during the 20=
05 and 2006 legislative sessions. Klaudt served in the state House from 199=
9-2006 and left because of term limits. He ran for a state Senate seat in 2=
006 but lost to the Democratic candidate.</p>
<p>His lawyer had argued in the appeal that while Klaudt's actions were=
terrible, they did not amount to rape because the girls gave their consent=
in the belief they could make money by donating eggs to infertile couples.=
</p>
<p>A state prosecutor countered that Klaudt did rape the girls because he c=
oerced the two into fake medical examinations and they did not consent to w=
hat Klaudt was really doing. </p></div></div>
<br>_______________________________________________<br>
pp.australia.general mailing list<br>
<a href=3D"mailto:pp.australia.general at lists.pirateweb.net">pp.australia.ge=
neral at lists.pirateweb.net</a><br>
<a href=3D"http://lists.pirateweb.net/cgi-bin/mailman/listinfo/pp.australia=
.general" target=3D"_blank">http://lists.pirateweb.net/cgi-bin/mailman/list=
info/pp.australia.general</a><br>
<br></blockquote></div><br><br clear=3D"all"><br>-- <br>Regards,<br><br>Mic=
hael Jensen<br>IT/Systems Committee<br>
--0016369206ff301ae7047af83fc0--
More information about the pp.australia.general
mailing list