Koch Industries can buy and sell the Tea Party and its puppet teabaggers with loose change from the sofa. Good to know they don't always win in court.
Thanks to Huffington Post for this:
Koch Industries Climate Change Spoof No Grounds For Suit, Judge Finds
First Posted: 05/ 9/11 06:55 PM ET Updated: 05/ 9/11 06:55 PM ET
Tom Zeller Jr.
tom.zeller@huffingtonpost.com
A U.S. district court in Utah effectively shut down an effort by Koch Industries, the Kansas-based industrial conglomerate whose namesake brothers are vocal skeptics of global warming, to unmask a group of anonymous climate activists who spoofed the company in a mock press release last December. [Here is the fake announcement:]
December 10, 2010 Contact:
Kate Anderson
281-305-8418
KOCH INDUSTRIES ANNOUNCES NEW ENVIRONMENTAL COMMITMENTS WICHITA, Kan. – Koch Industries remains committed to environmental responsibility and stewardship, announcing today that it will restructure its support for organizations that undertake climate change research and advocacy. Since its founding, Koch Industries has been focused on achieving environmental excellence and using resources efficiently. Through extensive and award-winning efforts and investments, Koch Industries has implemented innovative practices that reduce energy use and greenhouse gas emissions in the manufacture and distribution of our products. Based on recent internal evaluations of Koch Industries priorities, the company will be restructuring its support of climate change research and advocacy initiatives and will discontinue contributions to groups whose positions on climate change no longer match those of the company’s leadership, beginning in January 2011. Koch Industries is proud of its charitable history, particularly with regard to organizations such as Americans for Prosperity, Fraser Institute, Foundation for Research on Economics and the Environment, the Manhattan Institute for Policy Research, and the George C. Marshall Institute. These organizations have done much important work to advance science and policy on the issue of climate change. However, based on a recent internal and thorough company review, Koch Industries has decided that its best course forward includes a discontinuation of funding for these organizations, and organizations like them, whose positions on climate change could jeopardize America’s continued global competitiveness in the energy and chemical sectors and Koch Industries’ ability to provide high-quality products and services to the American people. “Koch Industries is proud of its environmental record, as well as its long history of providing trusted goods and services to its customers,” said CEO Charles Koch. “Our top priority has always been to create real, long-term value in society through principled behavior. It is the only way a business can survive and prosper.” More complete information is available at www.koch-inc.com. ### Page 1 of 1 The fake statement, posted to a hoax Web site similar to Koch Industries' own, purported to be an awakening of sorts, in which the company admitted the error of its ways on climate change and committed to cease funding of groups seeking to undermine prevailing climate science. |
Unamused, Koch sued for a variety of claims, including infringement of trademark, unfair competition and cybersquatting, among others. Koch had also sought to serve subpoenas on the company that hosted the sham website in order to obtain the identities of the activists.
The defendants, represented by the advocacy group Public Citizen, sought to have the subpoenas quashed, the activists' identities protected and the lawsuit -- along with all of its claims -- dismissed.
On Monday, U.S. District Judge Dale A. Kimball granted all three requests.
"We're gratified that the court affirmed our clients' First Amendment right to engage in anonymous political speech and rejected Koch's baseless legal theories," said Deepak Gupta, Public Citizen's lead attorney, in an emailed statement. "This lawsuit was nothing but a well-financed attempt by Koch to bully its political opponents into submission. The court was right to stop this lawsuit in its tracks."
In a follow-up phone call, Mr. Gupta said that Koch almost certainly obtained some information on the activists though the subpoenas it served to the hosting company, which complied before Public Citizen became involved in the case. But Koch is now enjoined from disclosing whatever information it had managed to gather.
"We are disappointed by the judge's decision and continue to stand by our earlier statements about this case," said Melissa Cohlmia, a spokeswoman for Koch Industries, in an email message. The company, she added, was reviewing its options.
...yes, there is a god
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