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Real Legal Friday - November 20th, 2012, 11:12 AM

http://arstechnica.com/science/2012/...tionist-mimic/

Interesting, first I've heard of this. Thoughts from anyone who knows Enyart? Feedback from anyone else?

Taking a direct shot at NPR ("don't be fooled") seems like it was asking for trouble...

Is there a lawyer in the house?





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November 20th, 2012, 11:20 AM

As of this posting, the following message appears at the top of BEL's "Real Science Friday" website:
National Public Radio Program Suing BEL's Real Science Friday: The NY Post today in its article, Science Radio Showdown, reports that NPR's “Science Friday” producers have filed a lawsuit in Manhattan Supreme Court against Bob Enyart's Real Science Friday radio program. Bob asks, "As always, please pray for our outreach as we present to a hurting world the evidence that God created and loves us!"
Here's a link to the New York Post article on the subject:

http://www.nypost.com/p/news/local/m...KzBVHElg0jrYuI

P.S.: No question in my mind that "God created and loves us", Pastor Enyart, but science is one thing and creationism is quite another.



   
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November 20th, 2012, 11:22 AM

Quote:
Originally Posted by Paulos View Post
As of this posting, the following message appears at the top of BEL's "Real Science Friday" website:
National Public Radio Program Suing BEL's Real Science Friday: The NY Post today in its article, Science Radio Showdown, reports that NPR's “Science Friday” producers have filed a lawsuit in Manhattan Supreme Court against Bob Enyart's Real Science Friday radio program. Bob asks, "As always, please pray for our outreach as we present to a hurting world the evidence that God created and loves us!"
Here's another news link on the subject, this one from the New York Post:

http://www.nypost.com/p/news/local/m...KzBVHElg0jrYuI
Publicity hound he is, Enyart must be really loving this. Christmas came early this year!





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November 20th, 2012, 11:29 AM

Will he retain the ACLU as legal counsel?





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November 20th, 2012, 11:39 AM

Seems problematic for Bob. If you started a restaurant with a similar look to McDonald's and called the chain Real McDonald's...using real would seem to be a recognition of and trading on the established brand.

Should prove interesting.



   
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November 20th, 2012, 11:51 AM

Eh, I'd expect expect he's happy about it.





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November 20th, 2012, 01:50 PM

I just read the complaint.

Basically, they want an injunction against Real Science Friday, money, and to own the www.realsciencefriday.com domain name.





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November 20th, 2012, 03:01 PM

Quote:
Originally Posted by Doormat View Post
I just read the complaint.

Basically, they want an injunction against Real Science Friday, money, and to own the www.realsciencefriday.com domain name.
If it's considered "cybersquatting" they may have a case. I'm not clear on the nuances of this issue, though. If NPR's correct and their users/listeners are being confused or misdirected, I'd say they probably have a point. But again, not sure.





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November 20th, 2012, 03:51 PM

Cybersquatting was only one cause of action in the complaint.

The whole thing appears frivolous to me.





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November 20th, 2012, 04:14 PM

Quote:
Originally Posted by Town Heretic View Post
Seems problematic for Bob. If you started a restaurant with a similar look to McDonald's and called the chain Real McDonald's...using real would seem to be a recognition of and trading on the established brand.

Should prove interesting.
It seems more analogous to a popular burger joint named "McCoy's" and a rival chain opening with the name "The Real McCoy's." The word "science" is a metonym for "knowledge," which is how Enyart is using it (he purports to present the actual facts of science along with his commentary, but doesn't offer an actual scientific explanation). Given the scope and direction of the program, I think Enyart's choice of program name is perfect. I hope it will fall under a fair use of parody. Parody does, by its nature, trade on the recognition of an established brand, so why should that present an issue?





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November 20th, 2012, 04:21 PM

Quote:
Originally Posted by Mike C. View Post
It seems more analogous to a popular burger joint named "McCoy's" and a rival chain opening with the name "The Real McCoy's." The word "science" is a metonym for "knowledge," which is how Enyart is using it (he purports to present the actual facts of science along with his commentary, but doesn't offer an actual scientific explanation). Given the scope and direction of the program, I think Enyart's choice of program name is perfect. I hope it will fall under a fair use of parody. Parody does, by its nature, trade on the recognition of an established brand, so why should that present an issue?
^ This.

I don't see any grounds for a suit based on what is a parody. Perhaps Enyart should probably remove all mention of NPR from his site, however.





Defining life as beginning at conception would define the unborn child as a life. Thereafter the taking of that life would be murder. Murder in our criminal code and constitutional history is punished by the laws of the individual states. The federal government does not dictate the terms of the state murder laws. Some have longer sentences. Some allow for parole, some do not. Some have the death penalty, some do not." - Ron Paul

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November 20th, 2012, 04:25 PM

Quote:
Originally Posted by Mike C. View Post
... I think Enyart's choice of program name is perfect. I hope it will fall under a fair use of parody. Parody does, by its nature, trade on the recognition of an established brand, so why should that present an issue?
It does seem like parody could be a defense in this case.

But Science Friday is arguing that it is the "real" Science Friday.

Are they ignoring that "real science" is a common expression?





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November 20th, 2012, 05:57 PM

Quote:
Originally Posted by WizardofOz View Post
I don't see any grounds for a suit based on what is a parody. Perhaps Enyart should probably remove all mention of NPR from his site, however.
That would defeat the purpose of being a parody. Enyart is not offering a counterfeit of the Science Friday program, but a creationist counterbalance. I'm not sure where the laws stand on this issue, but it should be allowed imo. If (when?) TOL dominates the internet, it seems perfectly fair for some atheists to set up AtheismOnline.





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November 20th, 2012, 06:10 PM

Quote:
Originally Posted by Mike C. View Post
It seems more analogous to a popular burger joint named "McCoy's" and a rival chain opening with the name "The Real McCoy's." The word "science" is a metonym for "knowledge," which is how Enyart is using it (he purports to present the actual facts of science along with his commentary, but doesn't offer an actual scientific explanation). Given the scope and direction of the program, I think Enyart's choice of program name is perfect. I hope it will fall under a fair use of parody. Parody does, by its nature, trade on the recognition of an established brand, so why should that present an issue?
Except that it doesn't appear to actually be a parody, so we disagree. But, again, it should be interesting.



   
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November 20th, 2012, 06:30 PM

Quote:
Originally Posted by Town Heretic View Post
Seems problematic for Bob. If you started a restaurant with a similar look to McDonald's and called the chain Real McDonald's...using real would seem to be a recognition of and trading on the established brand.

Should prove interesting.
Yes but, legally speaking does NPR have a trademark on "Science Friday" and if they do not, do they have a case counselor? Also is offering an opposing view with a play on words wrong this is a different audience? (if it was even aimed at NPR to begin with, something I am sure would have to be proved). Does free speech come into play here if there is no trademark TH. Just curious to hear some lawyer speak on the issue from both sides, defendant and plaintiff.





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