Rylinks
Joined 13 years ago
Joined 13 years ago
Trademarking your UPC would not work, as someone reselling your product is protected by the first-sale doctrine. If I buy a bottle of Pepsi(tm), I can use Pepsi's trademarks when selling that bottle to someone else.
This is probably more relevant at temperature gradients greater than 5C, but it's thermodynamically possible.
I think the point I have in mind is that there are less restrictions on speech as the venue becomes more private, and this is for good reasons, large websites as a platform for mass conversation are relatively new, and come with their own benefits and drawbacks when they choose to restrict speech. And because these trade-offs are new, the debate should be about these pros and cons, rather than flat statements that censorship is bad, or that private companies can do whatever they want, no matter how severe.
It should be a policy debate. The CA constitution probably doesn't apply, but the legislature can intervene anyway, and I don't think an argument that says "these platforms are important enough to modern-day communication that they should do so in some manner" is completely insane.
Extending this body of law to, say, Facebook would have problems, of course. But I don't think it's so clear that all sensible adults know that censorship is only something the government does, and are happy letting any corporate behavior, no matter how extreme, pass without scrutiny.