Judge Throws Out Koch Satirical Site Case
BY Nancy Scola | Tuesday, May 10 2011
Ben Smith points us to the news that a federal judge has thrown out a case involving a satirical website hosted by Bluehost, a site that -- at Koch-Inc.com -- told the world for a few hours that Koch Industries was lending its resources to climate change groups. Bloomberg Businessweek's Roxana Hegeman reports:
"Before authorizing subpoenas seeking to strip speakers of their First Amendment right to anonymity, courts require plaintiffs to make a preliminary showing that their complaint has merit," the judge wrote.
Kimball rejected all of Koch Industries' legal claims that had accused the defendants -- identified in the litigation only as Youth for Climate Change -- with trademark infringement, unfair competition, cybersquatting and violation of the company website's terms of use.
The nonprofit Public Citizen Litigation Group, which represented the anonymous members of Youth for Climate Change, argued that Koch's lawsuit would have a chilling effect on anonymous Internet communications and basic First Amendment rights.
Part of the story is, it seems, that Bluehost shut down the Koch hoax site and turned over registration records after Koch got subpoenas, with a company vice president telling the AP, "We are not in the business of harboring, you know, felons and crooks. We are not about that. This isn't WikiLeaks."
It's an curious distinction, given that one of the highest-profile cases in the politics-of-hosting space is when Amazon removed Wikileaks from its servers. But there have been other incidents of note of late, like the booting of the Dove World Outreach Center from Rackspace's servers after its leader suggested marking September 11th by burning Korans, or the alleged takedown of a fake GE site from, again, Bluehost. It's probably a safe bet that the politicization of website hosting is something we'll be taken about more in the near future.