Squatting on Your Digital Identity
By Brandon Lovested on Jun 29, 2009 in 1 - Online Law, Facebook, Featured, Identity, Right of publicity, Twitter, Web 2.0 | comments(0)
In May, St. Louis Cardinals manager Tony La Russa filed suit against Twitter in California Superior Court, essentially claiming that someone using his name was posting comments that damaged his reputation and caused emotional distress. The suit also claims damage to La Russa’s trademark rights.
Ordinarily, I would have thought little about the case, believing it would get thrown out due to the legal precedent that says those who provide such services are not liable for the content that gets posted on them.
But there are two angles worth considering here. One is called the “right to publicity,” and the other is the evolving notion of digital identity.
The right to publicity is not a federal law, but many states do have it on their books, including California. The California law states:
