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Industry Press Releases >> University Sues Student for Operating a Critical Website - And the Student Wins
11/2/2004 - University Sues Student for Operating a Critical Website - And the Student Wins
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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