Feeds

Optical Express 'ruined my life' gripe site lives on

Free speech rights trump cybersquatting charges

SANS - Survey on application security programs

A gripe site for people who claim high street opticians Optical Express “ruined” their eyesight with botched LASIK surgery has been allowed to remain online, after a cybersquatting panel ruled that the owner has the right to free speech.

Nominet Dispute Resolution Service panelist Keith Gymer earlier this month ruled that the owner of the domain name opticalexpressruinedmylife.co.uk, Sasha Rodoy, was not a cybersquatter, following a formal complaint by Optical Express.

The site is used to host a small collection of horror stories collected from people allegedly suffering health problems after having eye surgery performed by the company's opticians.

Optical Express, in its cybersquatting complaint, claimed that the site hosted “defamatory and actionable content” and that the domain registration should be cancelled per Nominet's .uk anti-cybersquatting policy.

Rodoy claims her own eyesight was affected by surgery at rival chain Optimax. She also owns optimaxruinedmylife.co.uk and said she set up the Optical Express version after hearing from disgruntled customers of that company.

The Nominet cybersquatting panelist found in her favour, ruling: "If using a domain name conveying a critical message in association with a specific name or trade mark were automatically to be considered as inherently unfair, as the Complainant [Optical Express] appears to imply, that could have an undesirable and significantly chilling effect on free speech.”

Optical Express pointed to the precedent of Ryanair v Robert Tyler from 2010, in which ihateryanair.co.uk was determined to be cybersquatting.

However, the panelist in the opticalexpressruinedmylife.co.uk case noted that, unlike Tyler, Rodoy had not attempted to make any money from her site by hosting advertising.

Rodoy now gets to keep the domain name in question.

The full decision can be downloaded in PDF format from this page. The Register contacted Optical Express for comment, but it has yet to respond. ®

3 Big data security analytics techniques

More from The Register

next story
Virgin Media so, so SORRY for turning spam fire-hose on its punters
Hundreds of emails flood inboxes thanks to gaffe
A black box for your SUITCASE: Now your lost luggage can phone home – quite literally
Breakfast in London, lunch in NYC, and your clothes in Peru
AT&T dangles gigabit broadband plans over 100 US cities
So soon after a mulled Google Fiber expansion, fancy that
AT&T threatens to pull out of FCC wireless auctions over purchase limits
Company wants ability to buy more spectrum space in auction
Google looks to LTE and Wi-Fi to help it lube YouTube tubes
Bandwidth hogger needs tube embiggenment if it's to succeed
Turnbull gave NBN Co NO RULES to plan blackspot upgrades
NBN Co faces huge future Telstra bills and reduces fibre footprint
NBN Co plans fibre-to-the-basement blitz to beat cherry-pickers
Heading off at the pass operation given same priority as blackspot fixing
NBN Co in 'broadband kit we tested worked' STUNNER
Announcement of VDSL trial is not proof of concept for fibre-to-the-node
prev story

Whitepapers

Mainstay ROI - Does application security pay?
In this whitepaper learn how you and your enterprise might benefit from better software security.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.