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Glenn Beck domain dispute clarifies intentions of website creator Eiland-Hall


AP Photo Evan Agostini

Causing an element of Glenn Beck curiosity on the net this week is the recent WIPO decision. Glenn Beck's request for the domain name glennbeckrapedandmurderedayounggirlin1990.com, created by an anti-Glenn Beck provocateur, was denied by the World Intellectual Property Organization (WIPO).

The sole panelist on the arbitration panel at WIPO issued the decision on October 29th. The panel denied the request that the disputed domain name be transferred to Glenn Beck on the basis that "it was not sufficiently in violation of Glenn Beck’s trademark online."

It was the disputed domain name created on September 1, 2009 which both asserted the rumor and satirically questioned whether "Glenn Beck Rape and Murder a Young Girl in 1990".

According to the WIPO ADMINISTRATIVE PANEL DECISION
glennbeckrapedandmurderedayounggirlin1990.com had the following statements posted:

"Notice: This site is parody/satire. We assume Glenn Beck did not rape and murder a young girl in 1990, although we haven’t yet seen proof that he didn’t. But we think Glenn Beck definitely uses tactics like this to spread lies and misinformation."

The WIPO decision was based on the following conclusions:

"That the combination of political speech engaged in by Respondent and the substantial lack of commercial intent makes it unlikely to this Panel that Complainant (Glenn Beck and Mercury Radio Arts, Inc.) would have succeeded in demonstrating bad faith registration and use."

However, as if the web attention and the decision in favor of website creator, Isaac Eiland-Hall, were not rewarding enough, Eiland-Hall continued his antagonism of Glenn Beck by getting in-- what for the moment is-- the final word on the matter.

In a letter to Glenn Beck, Eiland-Hall not only offered the disputed domain name to Glenn Beck, but Eiland-Hall then continued to champion his own first amendment rights.

In case the purpose of the satirical website had evaded Glenn Beck, Eiland-Hall attempted to ensure one more time that Beck understood just how much Isaac Eiland-Hall despises Beck's exercise of his First Amendment rights. From Eiland-Hall's letter:

But, humor aside, your rhetorical style is no laughing matter. In this context of this WIPO case, you denigrated the letter of First Amendment law. In the context of your television show and your notoriety, you routinely and shamelessly denigrate the spirit of the First Amendment. The purpose of the expressive freedoms embodied in the First Amendment is not to simply permit the greatest possible scope of expression, but also, in doing so, to also strive for excellence in the conveyance of ideas.

Here, it possibly could be argued as to which person is actually guilty of abusing the First Amendment.

The WIPO panel contended that

"The disputed domain name standing alone (i.e., without the second step of visiting Respondent’s website) itself is undoubtedly unflattering, pejorative and inflammatory (presumably Respondent’s intent). Whether it is “defamatory” is likely to be a difficult question, and in any event one more suited to resolution by a court than in an administrative proceeding under the Policy. "

Finally, for those who are still uncertain about the claims made at glennbeckrapedandmurderedayounggirlin1990.com, WIPO posted this from the website in question:

"Anyone who believes that we’re trying to actually get people to believe Glenn Beck raped and/or murdered is *whoosh* missing the entire point. So don’t be dumb like a lot of people are. I greatly expanded this text because so many people *read* it, and *still* didn’t understand."

and from the panel decision:

"Respondent [Isaac Eiland-Hall] argues that the disputed domain name is a meme that is based on the technique deriving from a comedy sketch performed by Gilbert Gottfried on a Comedy Central Roast of Bob Saget during which Mr. Gottfried made continuing references to an unflattering rumor concerning Mr. Saget (similar to the one embodied in the disputed domain name), while requesting that those repeating the rumor cease to do so."

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Comments

  • walrus 2 years ago

    That's right! Stop saying that Glenn Beck raped and murdered a young girl in 1990!!! There is NO proof that Glenn Beck raped and murdered a young girl in 1990!!! I don't know why the rumor that Glenn Beck raped and murdered a young girl in 1990 continues!!! So Stop the rumors that Glenn Beck raped and murdered a young girl in 1990!!!

  • Isaac Eiland-Hall 2 years ago

    "However, as if the web attention and the decision in favor of website creator, Isaac Eiland-Hall, were not rewarding enough, Eiland-Hall continued his antagonism of Glenn Beck by getting in-- what for the moment is-- the final word on the matter."

    Considering Beck's silence on the matter, I'd say I've had the *only* word. Also, you can check the status of Beck's denial at hasglennbeckdeniedrapingandmurderingayounggirlin1990.com

  • GB is a big fat idiot 2 years ago

    I think the reason this website bothers Mr. Beck so much, is that his own style of inflammatory rhetoric is being used against him. I don't believe he's so stupid as to not know what's going on. Beck likes to make crazy arguments that force his opponents to prove a negative: "if the President doesn't drown puppies for fun, why doesn't he just say so? If he didn't kill puppies, he would just tell us." Similarly, "If Glenn Beck didn't rape and murder a young girl in the 90's, why doesn't he just say so?"

    "Free speech" is only ok for Glenn Beck when it's his speech. He can't stand being criticized or challenged. This website does neither - it's a parody. Since his legal challenges have all been denied, will he just let this go?

  • Rumor about walrus 2 years ago

    There is a rumor going around that walrus molests young boys.
    He has not denied it so it may be true.

  • walrus 2 years ago

    Rumor about walrus says:
    "There is a rumor going around that walrus molests young boys.
    He has not denied it so it may be true."

    I deny it...there, now it's Glenn Beck's turn to deny that he raped and murdered a young girl in 1990.

  • YouDon'tGetIt 2 years ago

    "Here, it possibly could be argued as to which person is actually guilty of abusing the First Amendment."

    No, it really can't.

    Eiland-Hall isn't arguing that the government should shut Beck up. He's arguing that Beck should CHOOSE to communicate better, and more ethically. This is in contrast to Beck's thwarted attempt to have WIPO silence Eiland-Hall.

    The First Amendment protects out right to be free from governmental restraint of speech. But, that doesn't mean that you can't be criticized for how you choose to speak.

  • Glenn Beck 2 years ago

    I deny raping and murdering a young girl in 1990.

  • Ms. Darla 2 years ago

    This is strange. How many names could we replace Glen Becks with on rhar websit, go ahead and make a list! All kinds of folksin all kinds of positions! even you!!!

  • Blas 2 years ago

    Great article. Obviously, Mr. Eiland-Hall is trying to piggyback on Glenn Beck's popularity by making outrageous and knowingly false suggestions. It's a simple case of penis envy. Poor wretch.

  • walrus 2 years ago

    Glenn Beck says:
    "I deny raping and murdering a young girl in 1990. "

    ah, so you only deny raping and murdering a YOUNG girl in 1990.

  • Snark 2 years ago

    Hey, Glenn Beck - are you still beating your wife?

  • GB is a big fat idiot 2 years ago

    to walrus,
    No, Glenn Beck denies raping and murdering a young girl in **1990**. Although he's a little fuzzy on the dates.

  • Beck Did It 2 years ago

    Glenn Beck, former morning zoo disc jockey, ADHD sufferer, former gallon of whiskey a week drinker, former 500$ a day cocaine addict, former pothead, former prescription pill addict and still un-denied rapist and murderer. Anyone who follows this man is a loser.

  • Sancho Panza 2 years ago

    "... Anyone who follows [Beck] is a loser."

    And how did "Beck Did It" know that? Easy: MediaSmatters-dot-morg told him so.

    (... or was it Isaac Eiland-Hall?)

  • Margie 2 years ago

    The comments to your article show, very well, the type of people who are against Beck. The type that would write such garbage. Young, uninformed. Well hell, maybe old and uninformed. And the one that says Beck is upset because "his own style of inflammatory rhetoric is being used against him". What inflammatory rhetoric is that? Where he reported that Van Jones calls himself an avowed communist? When he reported that Acorn was corrupt? Please, what a joke. I love how the liberal "love all" crap only applies if you're doing what they want you to do. What's that called again? Oh yeah, a double standard.

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