First, I'd like to thank everyone who has commented, left phone messages, or sent emails of support (or disapproval for that matter). I've been trying to govern myself accordingly, but this story has been keeping me pretty busy since yesterday. I have classes this afternoon and evening, so I will try to start responding to emails after that.
I'd also like to thank Rob Breakenridge, Dave Rutherford, Ron Wilson, Jim Brown, and CityTV Edmonton's Breakfast Television for having me on their shows to talk live about the this issue.
Second, I have yet to hear from Premier Ed Stelmach or the lawyers representing him. The threat letter from Premier Stelmach's lawyer was the first time I was contacted and I haven't heard anything since their imposed deadline passed.
Third, here are some interesting links to bloggers and reporters covering this story:
- "I don’t know where Ed Stelmach’s personality is but I didn’t take it" (Calgary Grit)
- Stelmach threatens to sue blogger (Edmonton Journal & National Post)
- Alberta Premier threatens to sue over domain name (CBC)
- Lawyers for Premier threaten to sue blogger who owns edstelmach.ca (Canadian Press)
- Stelmach threatens to sue over web address (Front page of Calgary Herald)
- Lawfirm says blogger stole Stelmach's personality (Edmonton Sun)
- Alberta Premier to blogger getlost.now (Globe & Mail)
- Alberta have a lot of lawyers or something? (Abandoned Stuff by Saskboy)
- Premier of Alberta sues Alberta blogger (Grandinite)
- A cybe-bully? (Jafo's Journal)
- The Electronic Battleground (Ken Schmidt)
- "Lame and Childish" (Thought...interrupted by typos
- https://edstelmach.ca: tort of misappropriation of personality? (Cameron Hutchison on the U of A Law Blog)
Also, I was understandably surprised to find some support in what I thought would have been an unlikely place:
Ed Stelmach vs edstelmach.ca (Ezra Levant at the Western Standard Shotgun blog)
Fourth, I plan to return to regularity scheduled blogging soon. As you can imagine, I have a lot to say about this.
Wednesday, January 09, 2008
edstelmach.ca: governing myself accordingly. day 2.
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37 comments:
You totally punk'd Ed Stelmach.
http://ken-chapman.blogspot.com/2008/01/davberta-punks-premier-ed-i-love-it.html
Dave, If I may call you that.
Stuck to your guns. I just head about the lawsuit today. Needless to say, the media is your friend.
It shows how out of touch Mr. Ed is.
Keep up the good fight.
Great interview on Rutherford this morning, Dave. I think you have Rutherford and Ezra Levant backing you up on this one.
I'm surprised to see Ezra Levant's comment about the situation. I'm usually the last person to agree with the guy, but in this case he is 100% correct. You've got the media and the public on your side, and that's worth way more than pointless Stelmaching.
But like Ezra said: "But don't be too hard on the old man. These Inter-Nets can be confusing!"
If the Tories are right, and you are defaming Ed's personality, does that mean they think calling someone "Harry Strom" is an insult?
Can't the family of Strom then sue the Tories for defamation?
Keep up the great work, Daveberta, my blog has your back.
Let's ask Craig Chandler what he thinks. He's been screwed over by Ed too so let's follow hwat he says.
Watch out, the other Ed Stelmach's of the world are going to file a class action lawsuit against you for sullying their name.
I've been sued by 97 other jimsey's already.
But what does Craig Chandler think about this garbege?
Craig Chandler threatens to sue everyone so what does he think of this law suit?
All the tough rhetoric on these blogs is enough to make my head spin.
Sticking to your guns may bankrupt you.
The precedents have been set in stone for years and years.
You are a cyber squatter with no rights to the name, which carries with it and implied trademark.
You will lose the name, end of story.
Please understand, you will lose the name...you are a cyber squatter...being a cyber squatter is nothing to be proud of.
By refusing to release the name, not only will you lose the name, but you will be exposing yourself to severe civil liability....again, precedents....
Absolutely stick to your guns.
Even just out of spite now to show the rest of the nation how backwards our provincial politicians can sometimes be.
Why would you not register your own domain name when you decide to run for leadership? Come on, Eddie.
Do you think stifling political criticism is really going to help you out? I don't think so.
By the way, I e-mailed CNN with this story. I encourage everyone else to do the same to get this out there.
Maybe we can shame Honest Eddie into laying off.
What a bunch of BS this has become.
For all of those saying "How could Ed or his people forget to register?" the answer is simple. They did register... multiple different site names including edstelmach.ab.ca.
So they ignored one variant out of many many options and some questionable Liberal decided to buy it and run a dirty publicity stunt with it? Good luck with your legal defense... it will cost you a lot and you'll still be proven to be in the wrong.
As far as your latest post goes, are you really going to start harping about how much the government spends on lunches for the civil service and associated groups? REALLY? I mean you already have Ezra Levant on your side, so if this is your new pet peeve why don't you just cast off that Liberal shroud right now and proudly march on over to the Wildrose Alliance, because only those marginalized goofballs care what the government spends on lunches.
This is some Reform-era throwback garbage. "I will review the budget line-by-line" type crap. I mean I'm not surprised, the Liberal Party of Alberta and Kevin Taft have NOTHING to offer in terms of their own policy or ideas, so it was inevitable that they would have to start this election off in attack mode.
Let's have a real debate about ideas for this province's future. That means leaving the directionless Tafts and Davebertas of the province behind, and start looking to parties with real ideas.
"... I have yet to hear from Premier Ed Stelmach or the lawyers representing him."
Course you haven't heard from him. He took a week's vacation - the exact same week that you decided to release a letter you received 2+ weeks prior. Coincidence? I think not. Just like it is not a coincidence you happen to have worked for the Alberta Liberals as their communications guy during the period you were cyber-squatting.
It could also be true that you haven't heard from him because David Cournoyer is not at the top of the Premier's priority list (I think infrastructure challenges, ATA pension agreement, municipal funding initiatives, and the upcoming meeting with the PM and the other Premiers continue to rank ahead of you). Sorry for the blow to your growing ego.
@Anonymous, if edstelmach.ab.ca had been registered, then edstelmach.ca would automatically be reserved and unavailable for registering. A "whois" query shows that the reverse is true:
$ whois edstelmach.ab.ca
Status: UNAV
Domain: edstelmach.ab.ca
Code: 01114
Error: Domain name is reserved: names of other level exist. (edstelmach.ca)
Daveberta, it's too bad the premiere went right to his lawyers instead of asking for you to transfer the domain name, or going through the CIRA dispute resolution procedure. I hope you get some extra ad revenue for your tuition as a result of the attention. The claim of entitlement to ad revenue seems particularly rude to me, but it is coming from a lawyer.
Don't let your emotions rule your actions. Why don't you offer to allow Stelmach to transfer the domain name? You shouldn't profit from the sale of a .ca domain name, but I would say that it would be reasonable to ask for, say, $300 to cover your time in administering the domain and approving the transfer.
However, considering that you received a threat of legal action, it might be prudent to consult a lawyer, and ask for additional money to cover your legal expenses and the extra time you'll have to take to deal with that.
Michael Z, are you a real estate lawyer ...clearly, your not a copyright lawyer.
Asking for a transfer payment above and beyond the reg fee would nothing but further the case against him.
Once again - stick to your guns all you want, you will lose quickly, you may lose financially and for all of those reading this story....
This type of dispute is not new, the precedents have been set in stone for years....this kid will lose and will lose big if he keeps up his arrogant and unethical attitude in retaining a name he has no legal right to keep.....
Don't believe me? Read CIRA dispute resolution policy, then read the many precedents in similar / identical cases....this kid will lose huge....unless, he does the right thing and give the name up...
If one more anonymous poster uses the words "CIRA", "cybersquatter", and "precedent" in the same post, I may explode.
YOU ARE NOT A LAWYER, NOR DO YOU SIT ON THE CIRA BOARD. Please govern yourself accordingly and STFU.
I love the typo, Anon: "Michael Z, are you a real estate lawyer ...clearly, your not a copyright lawyer."
You're or you are.
You may be correct (but given the state of your grammar, I have my doubts), but the point is not the CIRA dispute resolution policy. If that was the avenue taken by the Premier, a totally different outcome would be expected.
Instead, a legal threat letter was issued. Net result, the Premier loses in the court of public opinion. The court he is seeking reelection from in two short months.
Yes, Dave is the communications guru for the Liberals. Ergo, this is going to be political. Politics and law don't mix. That's why we don't see defamation lawsuits every time someone gets insulted/defamed by their opposition.
Unless you are Ezra.
This matter speaks volumes about the progressive and forward thinking types that infest the conservative government and party. So in touch with the 21st century.
And these are the people that we entrust the future of our province to.
Makes me pine for the good old days of blowing up hospitals and not giving a tinkers damn about royalty rates.
Arrogant, lazy, complacent and frighteningly stupid.
Dave - on a related note if you had appropriated Eddie's personality what would you do with it? Seek employ as a Walmart greeter?
Dave, leave Alberta its a phuk'd up fascist sh!thole filled with morons and the people they elect. Wait that pretty much sums up all of the western provinces and well... the whole of Canada. We've been so busy watching Bush we've let our own democracy slide farther than Ralph on Thursday night bender. Is there anyone sane in Canadian politics? Well certainly not Ed 'who'.
Anyway under CIRA regulations the domain is yours and no one else's. Oily Ed has no more claim to the domain than anyone with the same name and its not a copyright issue.
Now what you can do to be nice is let Ed have edstelmach.ab.ca. This is called a conflicting domain and as the holder of edstelmach.ca you can allow people to register prov.ca versions of the domain. Also city.prov.ca versions of the name. But under CIRA regs you have approve it before it can become an active domain name.
Also it is worth more than $300 and I would argue its value at your entire University education plus and nice nest egg to get your started once you are finished school. Do not be bullied into giving it up for anything less than a $100 grand.
Better yet keep it and use it parody the PCs and Ed... god knows you Albertians need to get out of 1800's US bible belt and into the 21st century; heck I'd be happy with you getting into the 1960s and reading mothergoose.
A good parody might help get Albertians using their heads to think instead of their... well its clear George Bush Jr. is your poster child for scholastic excellence and achievement in "intelligent design"; just look at how well he designed the Iraq war. Man that take some intelligence.
You could also tell Ed's lawyer to go phuk himself as his wife will be busy at a UofA kegger. But that is probably rude and not very sporting. I haven't seen Eddie's wife but I doubt she'd get an invite.
Any way, my loathing of NeoCons, bible thumping KKKristians, PCs, Cs and right-wing fascist nutjobs aside the domain is yours, use it proudly and skewer the "not very nice or intelligent people" who run (ruin) Alberta and Canada.
Peace.
A weasel! Ha. There are worse animals ;-)
Again sell me the website.
I will pay your legal fees and I will simply post a message on the website that says:
Premier Stelmach I will gladly sell you this domain for $127,000.
Sincerely,
Craig B. Chandler
Democratically Elected Alberta Progressive Conservative in Calgary Egmont
"Weaseling out of things is what separates us from the animals--except, of course, the weasel." --Homer J. Simpson
$2000 lunch tab? What everybody really wants to know is how do you feel about cats?
I love how all the "you'll lose" posts are anonymous.
Aw gee dave you missed linking to my posts on your plight
http://plawiuk.blogspot.com/2008/01/my-name-is-ed.html
http://plawiuk.blogspot.com/2008/01/hey-ed-your-domain-is-available_09.html
@glen: And Lewis Klar, who wrote the textbook on torts when he was interviewed by Canadian Press. That wasn't anonymous.
I just read CIRA's website. Unless Ed trademarked his name, I don't think he could use the dispute resolution.
I would love if a liberal employee colluded with a chandlerista to sell the domain to him. That'd be wicked. The media would love that story.
The only problem is, Eddie would find a way to have taxpayers pick up the tab for the website!!!!
Cybersquatter. This is as straight forward as it can get.
1) The domain name carries with it an implied trademark.
This has been well established and consistently upheld by domain registries and in the courts.
2) For those new to this type of conflict and are giving this kid the advice to stick to your guns....you are advising him to fight a fight he will lose and to expose himself financially in civil court.
3) People responding that this kid should demand xxx,xxx in payment for the name? Odd advice.
I think opinions are great, but there are so many blustery uninformed opinions on this comments board that it is ridiculous.
The kid will lose the name, and if he has deep pockets, he can spend a lot of money trying to keep the name that he will lose in the end.
The kid is a cybersquatter, he will lose the name...that is a guarantee.
If the kid has spoken to a copyright / trademark lawyer, he will receive the same advice...
Dave
My advice is to let Eddie have his domain name now. You've already shown what a bunch of bullies these guys can be. You'll end up looking like another stubborn zealot by hanging onto edstelmach.ca instead of as a harmless prankster. And what you have done is harmless -- nobody has been defamed, no one's identity stolen, etc.
As for all the anonymous posts on this topic . . . how do I know they weren't all written by Tom Olsen?
maybe they were all written by craig chandler and his supporters
Gee, I don't know why Ed Stelmach would get his shorts in a knot over the domain for the website Ed's Tel Mach? Perhaps Ed, who owns the Tel Mach could sue for this domain too!
Anyhow, I don't see anything malicious in what you're doing (re: Ed Stelmach's character) and I'd say that you shouldn't owe Ed anything for ad revenues that you may have collected...but, I'm no lawyer.
Too bad Ed had to go straight for the big guns....someone's going to get hurt when they go off and it might not be the intended target.
Personally I don't think Stelmach has a chance at winning. They didn't purchase the domain name in time so it isn't his to use. His name isn't copyrighted last time I heard.
Dave - well done!
I think that "Honest Ed" owes you a very public apology as well as a few $$ to compensate you for lost ad revenues over the time period where you have re-directed the URL.
Love it!
http://dragons-musings.blogspot.com/2008/01/another-election-on-horizon.html
Hey Dave, Global news is reporting that your former employment for the Alberta Liberals is a '...new development...' I guess no one at Global has ever read your blog or any other media in the past couple days because they all mention that.
Keep up the good work Dave!
Yeah, I'm a little confused as to why my former employment with the Alberta Liberals is a new development as well. I've never hid it, in fact I made it public on this blog in May 2007 (http://daveberta.blogspot.com/2007/05/in-spirit-of-accountability-and.html) and have had it posted on my sidebar since then. Not to mention that it was mentioned in probably every second news story since Tuesday.
(the anon commenter has seemed to post this comment on a couple posts, so I'm responding to each)
You have way too much time on your hands. Hopefully, sometime you will grow up, and spendf your time doing something useful for the world.
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