Why Did ISPs Take Down Ronald Rileys Sites?
Paul Alan Levy writes “In a new post, I consider the Dozier-Riley controversy from a different angle. Some ISPs knuckled under to Dozier’s threats of trademark claims, while others stood up to him (or tried to do so). Consumers who are considering purchasing web hosting services should consider the host’s record on free speech issues. I also discuss whether the CDA should be amended to provide immunity against trademark claims. ” Levy raises some excellent points. I, too, was troubled by various ISPs caving in to Dozier’s complaints, when it seemed clear that there was little real legal basis for them. While I had pointed out that the ISPs should be protected by Section 230 safe harbors, Levy mentions that Dozier is relying on the fact that Section 230 exempts “intellectual property” claims, which is a loophole that Dozier is exploiting. Levy points out, as we have plenty of times in the past, that trademarks really shouldn’t be considered “intellectual property” any way. They don’t st
