Sandra Tanner and Utah Lighthouse Ministries lose lawsuit against FairLDS

[Grig]

A three-judge panel of the Tenth Circuit Court of Appeals ruled in favor of FairLDS, Scott Gordon, and Allen Wyatt and against Sandra Tanner and Utah Lighthouse Ministry.

This lawsuit was an effort to limit free speech by making an online parody websites legally actionable. The case was previously thrown out in summery judgment by the Tenth Circuit Court for the District of Utah, but Mrs. Tanner appealed.

You can read the full court ruling here:

http://www.ck10.uscourts.gov/opinions/07/07-4095.pdf

You can read a write-up from the Citizen Media Law Project on the judgment here:

http://tinyurl.com/58dvho

Here is the original District judge's ruling that was affirmed:

http://www.thelen.com/tlu/UtahLighthouseVDiscoveryComputing.pdf

[Grig]

A good ruling protecting freedom of speech!

(nice to know you Americans still get those)

Have a great 4th of July everyone!

[Grig]

Whoops, here are clickable links.

You can read the full court ruling here:

http://www.ck10.uscourts.gov/opinions/07/07-4095.pdf

You can read a write-up from the Citizen Media Law Project on the judgment here:

http://tinyurl.com/58dvho

Here is the original District judge’s ruling that was affirmed:

http://www.thelen.com/tlu/UtahLighthouseVDiscoveryComputing.pdf

[Quix]

Can we have a 1-3 paragraph summary of what happened and the implications?

[svcw]

And how is this good?

[Grig]

FairLDS created a parody website of ULM’s website, ULM sued claiming trademark infringement, cybersquating, and unfair competition.

ULM didn’t have their website graphic trademarked, the parody site sold no goods or services (so not competition), and it was clearly a parody site unlikely to be confused with the real site so the won as they should have.

[FastCoyote]

While it may be a good ruling, I wonder if I were to make a parody site of FARM or FAIR whether you would think it appropriate? AND one can argue the Tanner site is a parody of all Mormon tenets (I certainly get a chuckle at stuff about peepstones and garments and handshakes, etc.)

[The controversy revolves around a website created in 2003 by Allen Wyatt, the webmaster and vice president of the Foundation for Apologetic Information and Research (FAIR), an organization that reponds to criticisms of the Mormon Church. Wyatt’s website parodied the official website of the Utah Lighthouse Ministry (UTLM), an organization that publishes books and other materials critical of Mormonism. The parody site deliberately imitated the design elements of the UTLM website and replicated certain aspects of its textual layout, with slight modifications to convey a critical message. Wyatt placed no disclaimer on the site indicating that it was not affiliated with UTLM.]

[Grig]

It is good because it upholds the right of freedom of speech, like the right to make a parody of Obama’s website for example.

[Old Mountain man]

It is a good ruling and nobody except possibly a mainstream evangelical would care about a parody site of FARM or FAIR.

[Quix]

Taners are anti LDS, right?

i think I used to have their thick book.

So, did the Tanners win or lose or what?

I’m confused.

[svcw]

Does that freedom extend to those opposed to flds and/or lds?

[Sleeping Hampster]

http://www.fairblog.org/2008/05/29/the-court-has-spoken-again/
-—SNIP-—
The Court has Spoken — Again
by Allen Wyatt on May 29th, 2008

Today a panel of the US Tenth Circuit Court of Appeals (Denver Colorado) issued a ruling that is of special interest to FAIR and this writer. In a unanimous decision, the court upheld the earlier ruling of the District Court relative to the case originally brought by Utah Lighthouse Ministry against me, my company, my wife, FAIR, and FAIR’s president.

The Court’s decision can be found in a PDF file here. It is 28 pages long, but basically says (as the District Court did) that UTLM has no case against any of the defendants for trademark infringement and unfair competition or cybersquatting. (These are the two issues on which UTLM decided to appeal their case.)

The wheels of justice grind slowly; it has taken just over three years to get to this point. I have no doubt that Sandra Tanner will choose to view this decision as an injustice (rather than justice) and to play the victim. It will be interesting to see how UTLM reacts to today’s decision. I can report, however, that in the Wyatt household there is much joy.

-Allen
-—SNIP-—
A little stale, perhaps, but it was news to me.
Congrats on the result.

[Quix]

Much appreciated.

Thanks.

[Zakeet]

Can we have a 1-3 paragraph summary of what happened and the implications?

In a nutshell ...

The Tanners are former Mormons (she is Brigham Young's great granddaughter) who have amassed a mountain of evidence refuting many of the claims of the LDS church. They have published more than 40 books on the subject, and have operated a bookstore in Salt Lake City for the past four decades.

Their work has been devastating to the LDS movement. For example:

• The Tanners have documented thousands of changes made by the LDS Church to the Book of Mormon and Doctrine and Covenants; and

• The Tanners have noted hundreds of obvious errors which still remain, some of which are summarized on this site; and

• The Tanners have pointed out how even after all of those changes, there are still many remaining serious contradictions among Mormon Scripture.

The Tanners' research leaves one wondering how can something claim to be impeccable when it is both contradicted by science and it impeaches itself?

It is impossible to know how many people have abandoned Mormonism, or have been dissuaded from converting to Mormonism, through the 40+ years of the Tanners' ministry, but according to virtually every credible source, the number is substantial.

The Tanners have made their research available online through their website, Utah Lighthouse Ministry at: http://www.utlm.org/.

The Mormon Church has had a longstanding practice of being less than truthful with respect to their doctrine and history to both members and potential converts. This deception is commonly referred to as lying for the lord and milk before the meat.

You can watch a brief video of a lecture given by an LDS Church Leader to Mormon Missionaries at BYU illustrating this practice here.

It is not surprising the Mormon Church would want to mitigate the damage inflicted by the Tanners. Nor is it surprising they would do this by reverting to lying for the lord.

In the 2002, an LDS apologetic ministry, FAIR, swung into action by registering numerous domain names similar to, and in most cases easier to remember, than the one used by Utah Lighthouse Ministry. Examples include:

• utahlighthouseministry.org
• utahlighthouseministry.com
• utahlighthouse.org
• utahlighthouse.com
• sandratanner.org
• sandratanner.com
• jeraldtanner.org
• jeraldtanner.com
• geraldtanner.org
• geraldtanner.com

As shown directly below, FAIR then prepared web pages substantially similar in appearance to the Tanners', but with an entirely different message.

The Tanners filed suit on April 25, 2005 in U.S. District Court in Salt Lake City to prevent the exploitation of the ministry trademark and their personal names, and to ensure that those seeking their information are not misled. As noted in the above article, the Tanners lost their original suit, and again on appeal.

Predictably, many in the Latter-day Saint Movement will hail the decision as a victory for free speech. However, the decision does raise troubling issues concerning the extent to which a party may use deception to disparage and/or distort competing products and/or viewpoints.

[SkyPilot]

This is an incredible post Zakeet.

It is also quite disturbing.

The more I encounter, read, and deal with the LDS church, the more disturbing it becomes.

The organization is acting almost identical to this cult.

[Quix]

Excellent. Much appreciated.

Saving to a Word file.

God’s best to you and yours.

Truth and light SHALL WIN. It was settled at The Cross.

The rest is details. It will include some very messy details . . . and some who have been convinced they have been on the side of light, right and life shall discover grievously that they have been on the side of darkness, wrong and death. I pray such discoveries are made while repentance is still possible.

Smug arrogance on any side will crash and burn. As James Robison says . . . we shall have either humility or humiliation. Our choice.

PRAISE GOD FOR THE FAITHFUL TRUE MINISTRY OF THE TANNERS. May He give them protection, abundance and maximum effectiveness with a maximum audience. Amen.

[greyfoxx39]

Ping to #13.

[colorcountry]

This ruling certainly leaves the owner of this site and FreeRepublic wide open to fraud and unfair use of it’s names.

And then on the other hand you have Mormons telling us we can’t call fundamentalist Mormon group, “Mormon.” Acting like it is some sort of copyright infringement. Perhaps it is - - by using anything to do with the LDS Inc. it is protected by the commercial church’s commercial trademark.

Bah, what a bunch of hypocrits. The glee expressed here doesn’t surprise me.

[ejonesie22]

You know, it is good to know that Joe and the boys had a jump on L Ron for over 100 years.

Wonder if they could sue the Scientologist for stealing their methodology in crushing dissent...

[FastCoyote]

[It is a good ruling and nobody except possibly a mainstream evangelical would care about a parody site of FARM or FAIR.]

Well, that’s only tens of millions of people.

You know what, I’m pretty good with website stuff. This lawsuit decision has pretty much left the barn door open for someone to run some Parody sites against the FARM and FAIR sites. So OMM, I want to thank you for pointing me in the right direction.

[ejonesie22]

Prototype...