Oracle Tips by Burleson
Chapter 6 -
Since this landmark 1999 law was passed, the
ACPA has been used many times to punish web thieves. The ACPA
requires “bad faith” intent, and this malice is a prerequisite for
punishment of a web crook.
In the famous case of Coca-Cola Co. v. Purdy
(382 F.3d 774), the investigation revealed that Mr. Purdy has
published counterfeit web pages including drinkcoke.org,
mycoca-cola.com, mymcdonalds.com, mypepsi.org, and
my-washingtonpost.com, a website designed to appear like the
During a telephone conversation with counsel
for the Post entities on July 8, Purdy acknowledged that he had
published a counterfeit front page at mywashingtonpost.com
and claimed that his actions were protected by the First Amendment.
Purdy appears to be one of the zealot types of
cyber-personalities as detailed in Chapter 2, Understanding Web
Personalities. His fake Washington Post website proudly
proclaimed, “Abortion is Murder.” Even more distasteful, it
contained disgusting and offensive photographs of aborted fetuses
next to the Coca Cola logo with this caption:
Things Don't Always Go Better With Coke.
Abortion is Murder —
'The Real Thing.'
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