News Blog

News Blog


Web legal woes: Forget Facebook, the real controversy is flatulence

We at 60-Second Science apologize in advance for some of the bathroom and otherwise juvenile humor that appears in this post. But do keep reading.

Last week Apple iPhone software maker InfoMedia, Inc., filed suit in a Colorado district court to get competitor Air-o-Matic, Inc., to stop threatening InfoMedia with a lawsuit. (Read the lawsuit filing.)

So far, just another day at the courts. But here's what's at stake: Loveland, Colorado-based InfoMedia's right to use the phrase "pull my finger" in an ad campaign for its iFart Mobile iPhone software. Jacksonville, Fla.–based Air-o-Matic offers an iPhone app of its own called "Pull My Finger" and has demanded that InfoMedia stop using the phrase to sell iFart and to pay them $50,000 to settle the dispute, reports CNN.com.

Excuse me?

Air-o-Matic even contacted Apple in January demanding that the iPhone maker remove the iFart Mobile app from the Apple App Store website and cancel its developer contract with InfoMedia. Apple refused to get involved, telling the companies to settle the dispute on their own. After all, the company offers 75 different flatulence simulation apps via its online store, according to InfoMedia's court filing.

You read right: 75 farting apps.

Moving right along: Viacom International Inc. last month lost its bid to use the Web domain Jackass.com to promote its popular MTV show "Jackass" (as well as the two movies this program spawned). Instead, the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center decided that a company based in the British Virgin Islands called Future Media Architects, Inc., could keep that domain name, which it acquired in November 2002 (two years after Jackass debuted on MTV).

Future Media, whose Jackass.com website is little more than a page that directs visitors to other sites where they can get loans, airline tickets and other services, won the right to keep the domain name despite several unconvincing arguments, including: a claim that Viacom had no right to trademark the word "jackass" (which they did in 2000) because it's a generic word to describe a donkey or dumb person (evidently Future Media isn't aware of "Time" magazine or "Apple" computers); and a claim that Future Media has plans to operate a website from the disputed domain name that deals with donkeys, their uses and their contributions to society.

While WIPO panelist John Swinson was skeptical in his report about Future Media's sincerity and intentions (after all, the company owns 100,000 domain names and had already lost five other WIPO decisions), he declared the company the victor based on its legal right to the Jackass.com domain name, which Future Media bought from Moniker Online Services, LLC. Moniker legitimately registered the domain in 1999, prior to Viacom's show, forcing the media giant to continue using the domain Jackassworld.com. (Read the full ruling here.) As Ars Technica noted yesterday, "Swinson, not being a jackass himself, recognized a load of donkey manure when he saw it, but he still refused to hand the domain over to Viacom."

There were more serious legal battles in the online world too though, in a week during which Facebook struggles to shore up its public image in the wake of changes it's made to the policies governing its members' personal information. A federal judge recently threw out a legal claim from a Pittsburgh couple claiming that Google's Street View software violated their privacy after finding photos of their home on the search giant's mapping program. The couple, Christine and Aaron Boring, accused Google of "privacy violation, negligence, trespassing and unjust enrichment," BBC News reports today. The judge acknowledged the Borings' right to "resent" seeing their house as part of a Google virtual map, but ruled that the couple hadn't suffered any "shame or humiliation," as they had claimed, according to BBC News.

The shame and humiliation are evidently reserved for Web sites with less Boring names.

Image ©iStockphoto.com/ Nikolay Mamluke

Tags: Facebook, Google, Apple, iPhone, trademark
More News Blog: Next: Texas meteorite hunters turn up possible remnants of Sunday's fireball Previous: Harder than a diamond? Survey says...

Comments

Add Comment
Leave this field empty

Add a Comment

You must sign in or register as a ScientificAmerican.com member to submit a comment.
Click one of the buttons below to register using an existing Social Account.

More from Scientific American

See what we're tweeting about

Scientific American Editors

More »

Free Newsletters


Get the best from Scientific American in your inbox

Solve Innovation Challenges

Powered By: Innocentive

  SA Digital
  SA Digital

Science Jobs of the Week

Email this Article

Web legal woes: Forget Facebook, the real controversy is flatulence: Scientific American Blog

X
Scientific American Magazine

Subscribe Today

Save 66% off the cover price and get a free gift!

Learn More >>

X

Please Log In

Forgot: Password

X

Account Linking

Welcome, . Do you have an existing ScientificAmerican.com account?

Yes, please link my existing account with for quick, secure access.



Forgot Password?

No, I would like to create a new account with my profile information.

Create Account
X

Report Abuse

Are you sure?

X

Institutional Access

It has been identified that the institution you are trying to access this article from has institutional site license access to Scientific American on nature.com. To access this article in its entirety through site license access, click below.

Site license access
X

Error

X

Share this Article

X

About the Bering in Mind Blog

In this column presented by Scientific American Mind magazine, research psychologist Jesse Bering of Queen's University Belfast ponders some of the more obscure aspects of everyday human behavior. Ever wonder why yawning is contagious, why we point with our index fingers instead of our thumbs or whether being breastfed as an infant influences your sexual preferences as an adult? Get a closer look at the latest data as "Bering in Mind" tackles these and other quirky questions about human nature. Sign up for the RSS feed or friend Dr. Bering on Facebook and never miss an installment again.

X

About the Cross-check Blog

Every week, John Horgan takes a puckish, provocative look at breaking science. A former staff writer at Scientific American, he is the author of several books—most notably, The End of Science: Facing the Limits of Knowledge in the Twilight of the Scientific Age. He currently directs the Center for Science Writings at Stevens Institute of Technology. He lives in New York State's Hudson Highlands, where he plays ice hockey each winter to hone his cross-checking skills.

X

Expeditions Blog

Ever wonder what it's really like to be working in Antarctica or collecting core samples from the middle of the Pacific Ocean? Get a first-hand feel for scientific exploration by following the blog posts of researchers out in the field.

X

About the Extinction Countdown Blog

Several times a week, John Platt shines a light on endangered species from all over the globe, exploring not just why they are dying out but also what's being done to rescue them from oblivion. From unusual or little-known organisms like the giant spitting earthworm and the stinking hawk's-beard to popular favorites like cheetahs and koalas, Platt, a journalist specializing in environmental issues and technology, does his part to slow the countdown.

X

About the Guest Blog

The editors of Scientific American regularly encounter perspectives on science and technology that we believe our readers would find thought-provoking, fascinating, debatable and challenging. The guest blog is a forum for such opinions. The views expressed belong to the author and are not necessarily shared by Scientific American.

X

About the Solar at Home Blog

Follow Scientific American editor George Musser as he installs--or tries to install--solar photovoltaic panels on the roof of his suburban New Jersey home. You'll learn the literal nuts and bolts of going green with the sun and get energy-saving tips even if you aren't putting up panels.

Write to us with tips or comments at blog@sciam.com and follow us on Twitter: http://twitter.com/sciam.

X