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Thursday, Jul 9, 2009
Is a North Carolina businessman a cybersquatter unfairly pirating the car maker's brand name, or something even worse: A spammer of journalists?
Jun 3, 2002 | Two weeks ago I began to receive e-mail alerting me to what the writers said was a gross injustice -- the crushing of a small businessman by a heartless giant corporation. At first I paid little attention -- the issue at hand was an Internet domain name dispute, and I just couldn't be bothered. I covered my first such squabble eight years ago, when Wired magazine was bullying a startup named Women's Wire. By 2002, anything to do with domain names induces an immediate coma-like sensation in me. Enough, already.
But as the letters relentlessly poured in at the rate of several an hour, I found myself, willy-nilly, becoming intrigued. Clearly, there was an organized campaign going on, although it wasn't the most airtight effort I'd ever seen. A hefty portion of letter-writers had somehow mistaken me for the multinational corporation, and expressed some hurtful sentiments. Another large contingent accused me of squelching news coverage out of fear of alienating potential advertisers, which is not a tactic I would recommend for getting a journalist on your side.
But never mind all that. As domain-name disputes go, this one was a doozy, with the e-mail campaign adding a noteworthy twist.
The basic facts are typical of such disputes. Nissan Motors, the Japanese car manufacturer, is suing Uzi Nissan, the current owner of nissan.com, for $10 million. Uzi Nissan is an Israeli immigrant to the United States who has been doing business in North Carolina under his own name for 20 years. He registered nissan.com back in 1994, as a home page for his company Nissan Computer Co., which he founded in 1991.
Nissan Motors may have missed the boat on the Internet back in 1994, but by 2002 they've caught up. The legal battle has been brutal, according to Uzi Nissan, who is convinced that Nissan Motors is determined to bankrupt him utterly.
"They've ruined my business and my marriage," says Nissan, who claims to have spent $2.2 million fighting the lawsuit. "They've ruined every aspect of my life."
Nissan Motors has charged in court that Uzi Nissan is a cybersquatter, a speculator intent on cashing in on Nissan Motors' brand. So far Nissan Motors has lost on this point, although the company has had some success in its related claim that Nissan Computer Co. is infringing on Nissan Motors' business by directing traffic to automotive-related advertisers. A jury trial is scheduled for October.
But Uzi Nissan has not been content to rely on the courts. He's also tried to make his case a cause célèbre, and, fittingly enough, he's taken advantage of the Net to do so. At ncchelp.org, supporters of Uzi Nissan can contribute e-mails that are automatically forwarded to a list of media professionals -- as I've been finding out for the last couple of weeks.
I even tested the automatic e-mail function myself, sending a note declaring "This is an outrage!" that arrived in my own mailbox within seconds.
I received some interesting e-mail responses to my mail. "Nightline" for example, sent me a very polite automated note:
"Thank you for your story idea submission concerning the Nissan.com domain name lawsuit. As we receive many story ideas every day, it is often difficult to respond directly to every concern. Yet all hope is not lost! Have you ever thought about appealing to local and national advocacy/lobbying groups? They may be better suited to help you with your dilemma. Also, try contacting the local ABC affiliate in your area. They may be able to bring the right publicity to your issue and help a great deal. However, we will forward your submission on to our producers for a possible Nightline broadcast."
Others were less courteous. One journalist simply asked curtly to be removed from the mailing list. Another went so far as to threaten legal action if the e-mail barrage did not cease.
Uzi Nissan may not be a cybersquatter, according to a judge, but to some media personalities, he appears to be something even worse -- a spammer.
But is it spam when you're fighting as a lonely small-businessman David against a transnational Goliath? Or is it simply war by any means necessary? One man's spam may be another person's freedom fight.
