Wade Duchene

AP, Blogger Resolve Dispute over Copyright

From the June 10 Associated Press:

A news discussion site and The Associated Press have resolved a dispute over an AP demand that the site remove some of the news agency's content. ...

The AP's plan for such guidelines was met with new criticism from some bloggers, who said it was an attempt by the AP to create its own legal definition of what constitutes "fair use" of copyright material. AP has said it had no intention of trying to define a legal standard, and will seek to protect AP content without discouraging bloggers from legitimately quoting from it.

"I think it would be helpful for bloggers and users of social news sites to know what the AP believes to be fair use of their copyrighted work," said Cadenhead's lawyer, Wade Duchene. "I hope that any guidelines that are issued are not interpreted as an agreed definition of fair use" under copyright law, he added.

Duchene said he expected disputes between news organizations and bloggers over permissible use of copyright material online to continue, but he also said he was "hopeful that future disagreements can be handled in a less confrontational manner."

'Stop Quoting Us' AP News Agency Warns Bloggers

From the June 18 Silicon Republic:

The way in which news is delivered online could soon change as the definition of fair use and copyright infringement under the Digital Millennium Copyright Act is currently being hashed out between the Associated Press news agency and the blogosphere. ...

Cadenhead explained that some AP member sites even encourage this behaviour while Yahoo! News says: “We do encourage you to use the RSS feeds that we provide or create your own RSS feeds of content found on Yahoo! News.”

“Wade Duchene, the attorney who helped me win the domain name arbitration for Wargames.com, says that what we’re doing on the Retort is the ‘absolute definition of fair use’,” he concluded.

Successful Decision in Wargames.Com UDRP Complaint

A three-member panel of arbitrators for the National Arbitration Forum has denied the UDRP complaint by MGM Studios against my client Rogers Cadenhead over the domain name Wargames.Com:

In the result, the Panel finds that Respondent has demonstrated that he has rights and a legitimate interest in the disputed domain name, since the sale of wargames over the internet under the domain name <wargames.com> is a bona fide offering of goods, irrespective of Respondent’s knowledge of Complainant and its mark, since that mark is not distinctive in the field of selling wargames: 

“… it is legitimate to build a service mark out of the highly suggestive and diluted mark “Gold Line” for products or services not the same as or closely related to those covered by any existing registrations. CRS Technology Corp. v. CondeNet, Inc., File No. FA0002000093547 (NAF March 27, 2000)”: Goldline International, Inc. v. Gold Line, D2000-1151 (WIPO Jan. 8, 2001).

Complainant having failed to establish all three elements required under the ICANN Policy, the Panel concludes that relief shall be DENIED.

First, 'War Games' the Movie; Now, MGM Wants the Web Site

From the Dec. 25 New York Times:

The latest battle over an Internet domain name (remember those?) is being fought between an online entrepreneur and a major movie studio looking to make a long-delayed film sequel. ...

“We’re looking forward to putting up a good fight, and we really honestly think we can win,” said Wade Duchene, Mr. Cadenhead’s lawyer ...

UNT Campus Leader Follows Army Orders

From the Jan. 7 Fort Worth Star-Telegram:

Wade Duchene, student body president at the University of North Texas, said he was notified Saturday to report for active duty tomorrow as one of at least 600 members of the Army 94th General Hospital based in Mesquite and called up over the weekend, he said. ...

Duchene, 24, a senior, is a specialist with the Army 94th General Hospital. He was elected in the spring to lead the student government at the state's fourth-largest university, but he will put his studies on hold and give up the presidency to running mate Bill
Miller. ...

... Duchene said he wants to emphasize his commitment to the Army and the country.

"There's a common fallacy that because one is a liberal, one is not patriotic," he said. "I love my country because one can burn flags, because one can disagree with the president. For those and other freedoms, I'm in the Army Reserve.

"The president is the commander in chief of the armed forces, and when he says I go, I go," Duchene said.