[HN Gopher] OK for Apple to Call Sagan 'Butt-Head Astronomer' (1...
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       OK for Apple to Call Sagan 'Butt-Head Astronomer' (1994)
        
       Author : Lammy
       Score  : 51 points
       Date   : 2022-02-23 20:46 UTC (2 hours ago)
        
 (HTM) web link (web.archive.org)
 (TXT) w3m dump (web.archive.org)
        
       | drewcoo wrote:
       | That's ok. I have an Apple Genius in my garage.
       | 
       | https://rationalwiki.org/wiki/The_Dragon_in_My_Garage
        
       | donatj wrote:
       | > In response, the project manager changed the computer's code-
       | name to "Butt-Head Astronomer." Sagan filed suit in federal court
       | for libel [and] the use of likenesses.
       | 
       | I feel like the latter legally counteracts the former. For it to
       | be his likeness, has has to admit that he is infact a "Butt-Head
       | Astronomer". If you openly admit you are something, it's not
       | libel?
       | 
       | See: https://en.wikipedia.org/wiki/Small_penis_rule
        
       | not2b wrote:
       | Apple had the legal right, sure, but they should have just
       | respected Sagan's desire for them not to use his name without
       | being dicks about it.
       | 
       | They used his name without permission for a codename, he asked
       | them to stop, so the changed the name to "Butt-Head Astronomer",
       | in a way that everyone involved with the project knew it was a
       | reference to him. I pictured a bunch of people with the emotional
       | maturity of 15-year-olds when I saw that.
        
         | dvt wrote:
         | > Apple had the legal right, sure, but they should have just
         | respected Sagan's desire for them not to use his name without
         | being dicks about it.
         | 
         | To me, it sounds like Carl Sagan is being a dick. It was an
         | internal name, so who cares. It's kind of an honor. I don't
         | really understand the cringe-inducing sainthood that the online
         | tech/nerd community bestowed upon Carl Sagan over the past 30
         | years. I don't even think he did that much original research.
        
         | Lammy wrote:
         | > They used his name without permission for a codename, he
         | asked them to stop
         | 
         | There's some additional context that makes me more sympathetic
         | to Sagan here too. The "Carl Sagan"/"BHA" machine (Power
         | Macintosh 7100) was introduced alongside two other machines
         | whose codenames reference fraudulent/unproven science:
         | 
         | - The 6100 is "Piltdown Man"
         | https://en.wikipedia.org/wiki/Power_Macintosh_6100
         | https://en.wikipedia.org/wiki/Piltdown_Man
         | 
         | - The 8100 is "Cold Fusion"
         | https://en.wikipedia.org/wiki/Power_Macintosh_8100
         | https://en.wikipedia.org/wiki/Cold_fusion
        
       | caycep wrote:
       | https://www.engadget.com/2014-02-26-when-carl-sagan-sued-app...
        
         | yjftsjthsd-h wrote:
         | > 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."
         | 
         | Oh, to have been a fly on the wall when the judge said/wrote
         | that...
        
       | hownottowrite wrote:
       | Most of what people love about Carl Sagan is really just Ann
       | Druyan showing through.
        
       | [deleted]
        
       | jl2718 wrote:
       | I had an office-mate who maintained the telescopes at CalTech,
       | and this was also his personal opinion about Sagan.
        
         | echelon wrote:
         | Care to elaborate? I've always held Sagan in utmost esteem and
         | I'm curious others' takes are.
         | 
         | The last time I read his Wikipedia entry it mentioned that
         | contemporaneous scientists felt he wasn't contributing much to
         | the field despite his fame, but I think public outreach is
         | immensely valuable in shaping the next generation of
         | discoverers and policy makers.
        
           | kelnos wrote:
           | Unfortunately many prominent/famous people present an
           | extremely curated and sanitized version of their personality
           | to the public, and often treat people poorly in private.
           | Shame to learn that seems to have been the case for someone
           | like Sagan.
        
             | awb wrote:
             | Another perspective is that we idolize many
             | prominent/famous people and when they have a normal range
             | of emotions (fear, anger, disgust, resentment, frustration,
             | etc.), or just having a bad day, we judge them for it.
        
             | ars wrote:
             | I've never publicly said this before, but I had this
             | experience with Donald Knuth - I emailed asking him for
             | copyright permission for something on Wikipedia, and he
             | gave it (public domain), but he was extremely nasty about
             | it because I had to reply asking for clarification and
             | apparently receiving an email was extremely disruptive to
             | him.
             | 
             | I try not to talk to public figures, most of them are only
             | nice when in the context of what they are trying to sell.
             | The rare exceptions deserve the praise they get.
             | 
             | I don't even know why I'm writing this......... it was
             | years ago.
        
               | EvanAnderson wrote:
               | Knuth's distaste for email is well known: https://www-cs-
               | faculty.stanford.edu/~knuth/email.html
               | 
               | That doesn't excuse being nasty to somebody, though.
        
           | pmcollins wrote:
           | i saw sagan speak at berkeley in the mid nineties. he was
           | shockingly and brazenly rude to the person running the a/v
           | setup, through his microphone, so the entire overflowing
           | audience could hear every last detail. it was way over the
           | top. appreciate all he's done for science and outreach but it
           | seems he had an intense personality.
        
           | spaetzleesser wrote:
           | The reasonably famous people I have interacted with had
           | public and private personas that were very distinct from each
           | other. The public persona is what most people but the private
           | persona can be very different. Being famous is basically an
           | acting job. And to become famous you usually have to be very
           | driven and can't always be nice.
        
           | AndrewGreen wrote:
           | I met him once. Right after Shoemaker-Levy 9 impacted Jupiter
           | there was an event at the Mountain View Holiday Inn where he
           | talked about it. I'd arrived a bit early (as an attendee),
           | and while waiting for things to kick off I snuck out for a
           | cigarette. Halfway through it, there was Carl (f*cking) Sagan
           | walking across the parking lot towards me! I dropped/stubbed
           | my cig and told him how much I was inspired by 'Cosmos' and
           | especially by the Library of Alexandria episode/ He said yes,
           | it was really good and that was mainly down to his wife's
           | work. And then he signed my cheap paperback copy of 'Cosmos'
           | and headed in to the seminar. I'm sure he could be a dick.
           | But that certainly wasn't all he was.
        
       | localhost wrote:
       | A link to the JudyRecord of the judgement [1] yields a better
       | quote:
       | 
       | Because a reasonable factfinder could not conclude that "Butt-
       | Head Astronomer" implied that Plaintiff was a less than able
       | astronomer or that Plaintiff was legally wrong in asking
       | Defendant to cease using Plaintiff's name, the only remaining
       | assertion is the bare statement that Plaintiff is a "Butt-Head
       | Astronomer." Clearly this phrase cannot rest on a core of
       | objective evidence. Plaintiff does not suggest any other
       | assertions of objective fact that could be reasonably implied
       | from the phrase.
       | 
       | Based on an analysis of the factors identified in Unelko, the
       | Court has no reason to conclude that the statement made by
       | Defendant implies an assertion of objective fact. Milkovich, 497
       | U.S. at 21, 110 S. Ct. at 2707 . Therefore, the statement is
       | protected under the First Amendment and cannot form the basis of
       | a claim for libel.
       | 
       | [1] https://www.judyrecords.com/record/zbvxoh5rdf1a
        
         | CamperBob2 wrote:
         | _Therefore, the statement is protected under the First
         | Amendment and cannot form the basis of a claim for libel._
         | 
         | That's kind of odd. What does the First Amendment have to do
         | with libel law? Doesn't 1A constrain only the government from
         | prohibiting or forcing speech?
        
           | thaumasiotes wrote:
           | > Doesn't 1A constrain only the government from prohibiting
           | or forcing speech?
           | 
           | They can't punish it either.
        
           | unixfg wrote:
           | Who enforces libel law?
        
           | kelnos wrote:
           | Libel laws, themselves, are a restriction on free speech, no?
           | If I sue someone for libel and win, it's not _me_ that 's
           | restricting the other party's freedom of speech, it's the
           | government. I merely asked them to do it.
        
         | awb wrote:
         | > However, Apple lost its motions for a more definite statement
         | of Sagan's Lanham Act claim. Apple had argued that Sagan's
         | complaint had admitted that his name was only used internally
         | at Apple, and could not, therefore, have been "in commerce" as
         | required by the Act. Judge Baird noted that Sagan's complaint
         | only asserted that Apple's attorneys had stated that the name
         | was only used internally. Finally, Judge Baird denied Apple's
         | motion to strike Sagan's invasion of privacy count as redundant
         | in light of the right of publicity claim. She noted that the
         | former asserted an additional request for punitive damages, and
         | that the other redundant elements did not prejudice the
         | defendant in any way.
         | 
         | INAL so hard for me to parse this, but does this mean that some
         | elements of the lawsuit were allowed to progress?
        
       | spunker540 wrote:
       | Pretty rare for me to see a case with Apple where I feel it's the
       | other party being overly litigious about trivial naming!
        
         | kelnos wrote:
         | That was my thought as well! I clicked on this expecting to
         | read a tale of some sort of corporate overreach.
         | 
         | As much as I respect Carl Sagan for his contributions to
         | science (and promoting public knowledge of scientific
         | concepts), he does sound like a butt-head.
        
           | gwd wrote:
           | I think Sagan was totally right to ask Apple to clarify that
           | he had not endorsed their product.
           | 
           | I think Apple engineers were being butt-heads when they got
           | annoyed at this and renamed the project "BHA".
           | 
           | But that should have been as far as Sagan went; suing for
           | libel because someone calls you a "butt-head" is really
           | foolish.
        
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       (page generated 2022-02-23 23:01 UTC)