Monday, Oct. 17, 1994

Q: Are Americans Too Litigious?

A: The U.S. District Court, Central District of California, recently dismissed a libel suit against Apple Computer brought by astronomer Carl Sagan. The judge, Lourdes G. Baird, wrote:

"Plantiff's libel action is based on the allegation that Defendant changed the 'code name' on its personal computer from 'Carl Sagan' to 'Butt-Head Astronomer' after Plaintiff had requested that Defendant cease use of Plaintiff's name ... There can be no question that the use of the figurative term 'Butt-Head' negates the impression that Defendant was seriously implying an assertion of fact. It strains reason to conclude that Defendant was attempting to criticize Plaintiff's reputation or competency as an astronomer. One does not seriously attack the expertise of a scientist using the undefined phrase 'butt-head.' Thus, the figurative language militates against implying an assertion of fact ... "