In Session, May 23, 2013
Docket # 35-2143-7JL
Team Green Tambourine v. C.C.S.L. Internet Blog
Listing:
Summary
Discussion
Ruling
Majority Opinion
Dissenting Opinion
SUMMARY: League commissioner EdVenture was apprised of two petitions put forward by Team Green Tambourine, a non-permit-holding franchise member in good standing, regarding representation of said team on C.C.S.L. web log.
The first petition was that the blog roll link listing for TGT be changed to a commercial site of a business of the same name, replacing a Wikipedia listing for the jaunty song of the same name by The Lemon Pipers.
The second petition was that the team logo on the web log heading be changed to remove the words “Touch My” before the words “Green Tambourine,” arguing that clients of the commercial business referenced in the first request might “get the wrong impression.”
DISCUSSION:
Justice Taint said he believed the two petitions should be unbundled and each ruled upon after consideration of their individual merits.
Justice Catahoula disagreed. “These matters are undeniably linked,” he said. “If there were no business operation, then the ‘Touch My’ wording would be viewed as merely a winking reference to the Please Touch Museum, the previous holder of this franchise. It becomes something other only in relation to the business.”
Justice LaNice questioned if the filer of the petitions was aware this was a “fictional” web site, but Justice Spencer said the actual nature of the site is not germane to the issue. If there is harm done, then that harm is not fictional, argued Justice Spencer, who, in fact, believed it could cause great injury.
There then began a discussion on the nature of endorsements within the league. While all teams are sponsored by either commercial businesses or establishments that operated in a quasi-private-public realm, there has never been a blog roll listing that linked to a specific commercial site.
Justice Ogre said the difference here was between “implied” and “applied” endorsement. While the league tacitly supports the concept of the businesses that sponsor member teams, it does not take an active position in actually promoting those businesses. While Justice Ogre admitted this was a small distinction, it is "the difference between coming to the league with a sponsor and being accepted, and the commercialization of the league itself. That cannot be countenanced."
Justice Catahoula felt that linking to a commercial site could “open the door” to abuse. Web log link lists have traditionally only been used to make navigation to individual team blogs easier. Justice Pittsburgh noted that the current link on the web site for the Philadelphia Zoo is, in fact, for the home page of the Zoo and not for the specific team. Justice LaNice felt that use was proper under the auspices of the “public good,” which is not covered for specifically commercial enterprises.
The discussion moved to the second petition and Justice Taint felt this was a freedom of speech issue. While acknowledging that some “over the top” things might have been written while the Please Touch Museum was a league member – he specifically cited repeated “Bad Touch’ references – Justice Taint held that changing the present wording on the team logo would have a chilling effect on future free speech.
Justice Spencer disagreed, indicating the opinion that each instance must be judged in a vacuum. “I am not personally offended by this, or injured, but every reader will bring a different set of values to the issue,” he said. Justice LaNice once again asked if the filer was aware that the web site was entirely satirical. She was assured that was the case.
Justice Catahoula believed that a precedent (Goldwyn v. Depantsing, 2004) should be applied in this matter and that the traditional accepted standard of “if they can’t take a joke, fuck ‘em” would be properly used in this case. Justice Venture awoke and called for a close to the discussion phase and a vote on the ruling(s).
RULING:
First petition: By a vote of 6-3, it was resolved that the Lemon Pipers and not the commercial site would be linked to the blog roll. Justice Taint said this was a classic “cake and eat it” ruling. The filer cannot complain about possible negative publicity emanating from the site while simultaneously requesting more publicity.
Second petition: By a vote of 5-4, the words “Touch My” would be removed from the team logo on the web site heading. Justice LaNice: “It wasn’t that funny, anyway.
MAJORITY OPINION:
Justice Ogre: Although it will be determined by history if this court did, in fact, “cut the baby in half,” with this ruling, the concept of “implied” versus “applied” endorsement carried the day. If at some later time, Green Tambourine establishes a clearly "softball-specific" web site, facebook page or web log, then that new enterprise can be used for the C.C.S.L. links list -- even if contained within that site is a further link to the commercial establishment. This use of "secondary linkage" is permissible. The Pen & Pencil "softball-specific" site, for instance, currently includes a link to the club's website. That gives the visitor to the site control over the decision to enter the commercial enterprise, while a blind link from the league's site clearly does not. As for the second petition, it is a frivolous enterprise. If the petitioner feels harm can be done, and if the league is in danger of liability issues as a result, then the concept of "risk versus reward" trumps any freedom of speech issues. Plus, trust me. It wasn't that funny.
DISSENTING OPINION:
Justice Taint: Ain’t nothing but a taint thing.
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Wrapup from Week 8:
Art Museum 13—Constitution Center 2
Pen & Pencil 12—South Philly Tap Room 9
Bishop’s Collar 14—Green Tambourine 6
Catahoula Refugees 12—Franklin Inst. 2
South Philly Tap Room 20 – Zoo 14
Fleisher Art 11—Art Museum 6
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