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"The asshat formerly known as Ghislain Breton"

Here in Cow Hampshire, we have our share of cranks, whackjobs, fruit loops, and (dare I say it) asshats. There's something about the rural environs that seems to breed them.

One in particular is a "gentleman" (and I use the term as loosely as he is wrapped) who goes by the name of Ghislain Breton. Mr. Breton has long been a critic and opponent of the legal system here in Cow Hampshire, apparently driven off the deep end by a bitter custody battle over his daughters. As a retaliatory move against legal filings against him, Mr. Breton had the stroke of genius to copyright his name and demand $500,000 from anyone who used it without his permission. (If this asshat had the slightest hint of a case, at this point Kevin would owe him $1,500,000.)

By a quirk of the law here in New Hampshire, anyone can file a lien on anyone else's property without a judge's approval. It's a favored tactic of anti-government activists -- to punish officials in their private lives for their public actions. Mr. Breton, on the strength of his copyright notice, filed liens on several people involved in his divorce case for having the gall to use his name without his permission in such frivolous, defamatory, and exploitative fashion as in writing him letters about child support, filing complaints in court, and so on. This screwed up one woman's attempt to sell her house, and another's college loan on behalf of her child.

I'm no lawyer, but I've had to deal with copyright law on quite a few occasions. Two flaws immediately stick out in my mind -- first, the way Mr. Breton is using his "copyright" on his name is more in line with a trade mark, not an actual copyright. Second, every single instance I've come across where he has protested has fallen under the "fair use" doctrine. Otherwise, no one would dare ever print a negative story about any business -- simply mentioning their name in a defamatory context would be actionable. Hell, Enron would still be solvent if they could've sued every single person or group that criticized them by name.

Mr. Breton is currently serving 18 months for harassment, and is looking at another seven years. He's been told he can go free if he'll simply promise to stop harassing people with these frivolous loans, but he won't.

I'm personally offended that this dipshit is sucking up MY taxes to support his pathetic ass in jail, but I agree that he's a menace to society if allowed to go free. Is it time to institute some new form of punishment for this sort of non-violent, yet destructive offender? Something along the lines of "Mr. Breton, I hereby sentence you to be dope-slapped about the back of the head until such time as get your head out of your ass and you gain a clue?"

J.


Comments (10)

OOH, can I try that?... (Below threshold)

OOH, can I try that?

How about sentencing him to... (Below threshold)
Omni:

How about sentencing him to be security for Kerry?

I would decree that he was ... (Below threshold)
Tig:

I would decree that he was to appear in public only if he was within a large sandwich sign plainly blazoned on each side with the message: My name is Ghislain Breton but it is unlawful to call such. You may feely call me anything else which may come to mind.

Doesn't the Granite State h... (Below threshold)
John:

Doesn't the Granite State have some provision by which laws (or the state constitution) can be amended by referendum? Sounds like you need a change in laws more than putting an asshat in the cooler.

ExileDeport him to... (Below threshold)
Henry:

Exile

Deport him to France

J, I assume you'll kick in ... (Below threshold)

J, I assume you'll kick in a few buck for the legal defense fund?

Sully's bi-annual blegathons will be nothing compared to the kind of blegging I'll have to do to raise $1.5M...

Sure, Kevin, I think I can ... (Below threshold)
Jay Tea:

Sure, Kevin, I think I can kick in 5 or 10 bucks...

And by the end, counting the title, I figure it's up to $2 million ($4 if he counts the "Mr." references as well.

J.

I think what the court shou... (Below threshold)

I think what the court should do to him is legally change his name to "Fraudulent Waste of Oxygen," and then rule that since those words in that order have been used previously here, by me, I now own the copyright on his name, and therefore every time he uses it he must pay me $100.

And that includes every time he signs the check to pay me $100.

The answer, as John noted, ... (Below threshold)
Mikey:

The answer, as John noted, is real simple: change the stupid law that allows those liens to be placed, or make improper placement a heavily fined offense.

Well, the guy went off the ... (Below threshold)
Johnny:

Well, the guy went off the deep end trying to do this to the government but legally he's right. If you bothered to read closely or knew about business in particular the UCC1 trademark laws, none can use your trademark to benefit financialy. You can say the name all you want just not to profit off of without compensating him. It goes far deeper than that, but to come out of the story with what you guys came out of it with, it's way over your head. I would never try this tactic on the Gov. but I do it to credit cards a lot, it real easy. After you send them the proper legal documentation they never contact you again or use your name for any kind of profit. They can't sell off the debt to a collector take you to court or nothing. If you read the book Cracking the Code you would understand better.




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