Koch Industries Climate Change Spoof No Grounds For Suit, Judge Finds

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.

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.

Comments

[LiberalBuzz]

05:23 AM on 05/13/2011

And the sad thing is, if they shop around enough they'll find another rightwing extremist judge who will grant them their lawsuit, claim none of the evidence or precedence will be allowed in court, then order the defendants to pay outrageous claims to the brothers and then make the defendants say Global Climate Change is a hoax or face life imprisonment.. Or at least that is the bagger dream.

As for paying the defendant's legal fees, the Koch bros will just pull out their wallets and ask if the court has change for a million dollar bill.



Voting republican is voting against America, its citizens, especially its women, and its future.

[Monday Morning]

07:59 PM on 05/12/2011

The Koch Brothers have a plan for Recruiting Students for the Tea Party

Students at public universities are screwed.

http://www.thomhartmann.com/thom/blog

[idyllick]

08:28 PM on 05/12/2011

OT

KO on MM

http://bcove.me/7ouwduv4

[Monday Morning]

08:56 PM on 05/12/2011

Thanks idyllick!

[aesop55]

02:30 PM on 05/12/2011

They hate "frivolous law suits" ---- until it suits their purposes..........

[YoureSoShain]

01:44 PM on 05/12/2011

I wonder how much Melissa Cohlmia's therapy bills are? Lying must weigh heavily on the soul...

[EP1959]

03:31 PM on 05/12/2011

Yes, if she hasn't lost it yet. I always wonder about all these people, such as anybody that works for Fox News, that knowingly lie for their paychecks. It takes a toll. ff

[LiberalBuzz]

05:25 AM on 05/13/2011

I don't think they care. I really don't. If they did, after a few years they would start leaving or jumping off buildings.

Voting republican is voting against America, its citizens, especially its women, and its future.

[BlackWidowPilot]

01:06 AM on 05/13/2011

Yes, and the clinical sociopath knows no remorse whatsoever, while the authoritarian compartmentalizes information as a matter of course...

Leland R. Erickson

Citizen

[LiberalBuzz]

05:27 AM on 05/13/2011

Were you really a Black Widow pilot? That is one of my favorite fighter/bombers. My brother would love to meet you and talk as he is trying to build a fairly  detailed model of one.

[ProfessorMacphisto]

03:18 PM on 05/11/2011

When the Koch brothers chose to take such a prominent public position in politics and social policy they became fair game as public figures to criticism and satire, both protected under the First Amendment. How can they expect to on one hand to have such a position of influence that affects all Americans (ask the people of Wisconsin how they are impacted) and on the other hand want to be free of criticism and butts of commentary and satire. I am afraid that all we have left to fight such influence is the thin line of the First Amendment, and I am getting the sense that this Supreme Court is ready to erase that line to cede our remaining freedoms to the corporations and the super rich.

[traceymarie]

03:09 PM on 05/11/2011

reviewing their options....how big of a check do they have to write to get what they want.

[eyecon]

12:44 PM on 05/11/2011

Wanna get REALLY koched up? Recent reports by the St. Petersburg Times and the Tallahassee Democrat reveal that the Koch brothers have very close ties to Florida’s public university system. A foundation funded by Koch Industries, is responsible for filling staff positions at Florida State University.

In other words, the Kochs have a hand in hiring some FSU professors! It is just me or does this make your skin crawl?

[Oginikwe]

02:05 PM on 05/11/2011

Everything about them makes my skin crawl. Most people have that reaction when they encounter narcisstic sociopaths.

I like the "cybersquatting" though...

[JDShipley]

11:43 AM on 05/11/2011

No, we don't hate people who create jobs. Frankly, with corporate coffers stuffed with cash, we only wonder why they're not creating jobs at a brisker pace. "Brisker" because private sector job creation is better, despite the recession, than during the entire Bush administration. But, you righty trolls have difficulty accommodating to facts. We'll be patient while you wrestle with your demons. We oppose people whose secretly-funded politics lessens individual liberty; something you 'baggers only claim to honor while winking at the complete (it's been ongoing) corporate takeover of our elections. We oppose people like the Koches whose propaganda misleads people so the Koches can make more money by not having to diminish pollution from their plants. We oppose people, like the Koches, who use their wealth to bully others, as in this case.

[Trish Reilly Auerbach]

10:58 AM on 05/11/2011

Good news! For a variety of reasons, some legal (free speech) and some moral (Koch Bros.) These people are sneakily dangerous.

[GrogInOhio]

10:56 AM on 05/11/2011

I suspect the Koch brothers will add this court to their shopping list, like they did FSU's econ dept.

[berkleedude]

10:42 AM on 05/11/2011

Liberals hate anyone in the private sector that creates jobs. Liberals only want the government to create jobs. Liberals will stop at nothing in their lust for control over your lives. Liberals chew away at your freedoms like termites on the American flag.

[wdw808]

11:07 AM on 05/11/2011

agreed

[BlackWidowPilot]

01:11 AM on 05/13/2011

So, HP's resident "non-denominational capitalist" who is "...OK with waterboarding" is now up to "808," having been banned so many times but thanks to the wonders of proxy servers just keeps on comin' back for more...

I see your erudite comments haven't changed in their content either...

God pity you indeed.

Leland R. Erickson

Citizen

[ThePrisoner]

11:17 AM on 05/11/2011

Your statement is exactly opposite of the facts: We now have seen 14 straight months of private sector job growth while the public sector jobs are being cut. Shrub, meanwhile added 1.7 million public sector jobs while the private sector lost them during his 8 years.

[Purplee]

10:37 AM on 05/11/2011

I think I read somewhere on HuffPo yesterday that David Koch tried to sue the man who posed as him in the fake phone call to Scott Walker. That law suit was turned down by a court.

Just keep spending your money on lawyers Koch brothers.

[berkleedude]

10:36 AM on 05/11/2011

Wow, looks like a bed wetter's convention in here. Libruls are so thin skinned.

[TraceyES]

10:59 AM on 05/11/2011

Sweetie, it's called "satire," and to save you from having to look up such a complex word, we'll make it easy for you. We're laughing at you.

[shawondasse]

11:02 AM on 05/11/2011

If the libruls are the ones who are thin- skinned, how come it was the Koch Bros. who couldn't take a joke???????

[Hammerly Goodly]

10:32 AM on 05/11/2011

President Walker with the Kochs in high ranking cabinet positions

[Rodger leMonde]

12:54 PM on 05/11/2011

A rather good contemporary description of the netherworld.

[eyecon]

10:09 AM on 05/11/2011

It's Obama's fault.

[berkleedude]

10:35 AM on 05/11/2011

I thought it was Bush's fault.

[Sharon Mclean]

11:35 AM on 05/11/2011

The koch bros own the republican party they hijacked the older people throw their money at the republican teaparty on the buget now they back stabbed the old people in the back

[shawondasse]

11:03 AM on 05/11/2011

What is?

[wpmiller]

08:38 PM on 05/11/2011

...any and every bad thing, if you're a Republican/Tea Bagger. (And even the good things are bad)