Voice in the Desert: Yellowcake Legalese

March 29, 2007

Yellowcake Legalese

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From: Editor
To: Random House Legal Director
Date: 27 March
Re: Use of domain names in fiction

In one of our children's fiction titles for autumn, a group of terrorists first auction and then sell yellowcake (a key ingredient in making a nuclear bomb) on e-bay to a rogue state. The author wrote to e-bay some time ago asking if they have any objection to him using their site name in this context, but hasn't heard back from them. Do you think it would be OK to go ahead as there is nothing derogatory directly implied towards e-bay - the terrorists simply use the site to communicate with international rogue states and sell the yellowcake - or do you think it would be safer if we change the domain name to something else, e.g. b-bay or something? Would be grateful for your advice, please.

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From: Random House Legal Director
To: Editor
Date: 28 March
Re: Use of domain names in fiction

An interesting one. At first sight, there would seem to be no objection BUT there is the possible inference that eBay would connive at such activity, and this could well spark a letter of complaint if nothing more. Since eBay don't generally exercise editorial control over adverts unless warned they offend, they might not be able to claim that the first advert would be libellous, but any subsequent in action by them might be a cause for action and thus an effective defamatory allegation. I suggest therefore re-naming the domain name - even b-bay is a bit too close to the mark!

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I'm not sure I understand the whole of the legal director's reply, but the conclusion at least is clear. Don't use ebay (or bbay or ubay or bomb-bay).

So: your ideas in the 'Comments' section, please, as to what to call our 'not ebay' company. The best suggestion will be used in the book. (Deadline: 10am Saturday)

Posted by sahelsteve at March 29, 2007 08:38 AM