So the dispute filed by Glenn Beck against Isaac Eiland-Hall over the website glennbeckrapedandmurderedayounggirlin1990.com has come to an unusual conclusion. Unsurprisingly, Beck lost the dispute. The arbitrator ruled against Beck (see full ruling
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), saying that the parody was a legitimate use of the name:
Respondent appears to the Panel to be engaged in a parody of the style or methodology that Respondent appears genuinely to believe is employed by Complainant in the provision of political commentary, and for that reason Respondent can be said to be making a political statement. This constitutes a legitimate non-commercial use of Complainant's mark under the Policy.
Ironically, Beck never did respond to Marc Randazza's motion for a stipulation that the panel would have to apply American law in deciding the case, but it didn't matter. He never really had a case even under the standards applicable by this international tribunal.
But after winning the case, Isaac Eiland-Hall did something unexpected: He handed the domain over to Beck, saying that he had proven his point and that Beck's hypocritical actions had done more than he ever could have done with the site to make him a laughingstock. In
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, Eiland-Hall wrote:
As you are now aware, I have prevailed in the WIPO action that you filed against me. I write now to voluntarily relinquish the disputed domain to you, even though you did not win the case. My criticism of you has been amply made -- in no small part, with your assistance in this case -- and I have no desire to attempt to punish you personally beyond the levying the criticism itself.
It bears observing that by bringing the WIPO complaint, you took what was merely one small critique meme, in a sea of internet memes, and turned it into a super-meme. Then, in pressing forward (by not withdrawing the complaint and instead filing additional briefs), you turned the super-meme into an object lesson in First Amendment principles.
Well played, sir. Well played.
