Fight with the NSA

[compforce]

yup, they are probably watching this thread

http://minnesota.cbslocal.com/2013/...c-artist-challenges-national-security-agency/

I think that he should win and there are several ways to get there. The Intellectual Property argument by the NSA doesn't hold water. It's a public agency so we are all part owners (in theory) and therefore part owners of the logo. Next on the same list is that the Government is not a commercial body, and without actual damages, the whole slander/libel thing goes down the tubes. Finally, there's that pesky 1st Amendment thing that whole battalions of lawyers will defend pro bono.

I'd bet this goes away pretty quick with the shirts coming back on the market.

edit to say I want one of these shirts!

 

[Dame]

NSA is gonna lose. They don't own that logo. He should counter with loss of income and restriction of free trade.

From the U.S. Government's own website:

What is a U.S. Government Work?

A United States government work is prepared by an officer or employee of the United States government as part of that person's official duties.

It is not subject to copyright in the United States and there are no copyright restrictions on reproduction, derivative works, distribution, performance, or display of the work. Anyone may, without restriction under U.S. copyright laws:

• reproduce the work in print or digital form;
• create derivative works;
• perform the work publicly;
• display the work;
• distribute copies or digitally transfer the work to the public by sale or other transfer of ownership, or by rental, lease, or lending.

http://www.usa.gov/copyright.shtml

 

[Rapid]

Yeah, plus... of all the things the NSA should be doing right now, doing another thing which will be perceived as 'going after the citizens' is not one of them. Whoever decided to go after this guy should have the stupid smacked out of them.

 

[Kraut783]

The U.S. seal is protected under USC ( Public Law 91-651, Title 18, USC). But, I'm surprised other government seals, to include military, aren't protected in some way from unofficial use. This should be interesting, at least.

 

[Dame]

Yeah, plus... of all the things the NSA should be doing right now, doing another thing which will be perceived as 'going after the citizens' is not one of them. Whoever decided to go after this guy should have the stupid smacked out of them.

I want to know what kind of pseudo-attorney they got to write the cease and desist letter. He could have burned it and there would most likely be nothing they could do about him continuing to sell these. The law is clear. The idea that this is some agency's intellectual property is simply not true.

Oh wait. I guess it could have been Holder. He doesn't give a crap about what's legal or true.

 

[RustyShackleford]

The U.S. SEAL is protected under USC ( Public Law 91-651, Title 18, USC). But, I'm surprised other government seals, to include military, aren't protected in some way from unofficial use. This should be interesting, at least.

I believe this is the case with federal law enforcement badges as well.

 

[Kraut783]

This is kind of a catch all....maybe a fit for the NSA seal issue...dunno tho.

18 USC § 701 - Official badges, identification cards, other insignia

Whoever manufactures, sells, or possesses any badge, identification card, or , of the design prescribed by the head of any department or agency of the United States for use by any officer or employee thereof, or any colorable imitation thereof, or photographs, prints, or in any other manner makes or executes any engraving, photograph, print, or impression in the likeness of any such badge, identification card, or other insignia, or any colorable imitation thereof, except as authorized under regulations made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both.other insignia

 

[Dame]

The word insignia is being used under its primary definition of badge or rank. This code was written to keep people from pretending to be authorized agents of government offices as @RustyShackleford notes above.

 

[RustyShackleford]

The word insignia is being used under its primary definition of badge or rank. This code was written to keep people from pretending to be authorized agents of government offices as @RustyShackleford notes above.

Aye! Cuts down on impersonation issues to an extent but clowns still like to argue the free speech angle with regards to badges that is.

 

[Dame]

On a side note... After I posted here I went to check my e-mail and was notified by Yahoo that I would have to change my password as "some suspicious activity" had been noted on my account.

(Cue Twighlight Zone music.)

 

[Brill]

Were there ever any complaints about the Female Body Inspector shirts? :-"