some fun: butt-head astronomer

[David Farber <farber () central cis upenn edu>]

The U.S. District Court, Central District of California, has dismissed a
libel suit against Apple Computer brought by astronomer Carl Sagan.


The fun is the language published in the opinion.  The judge J. Baird writes:


"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 request 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....


Furthermore, the tenor of any communication of the information, especially
the phrase 'Butt-Head Astronomer,' would negate the impression that
Defendant was implying an assertion of fact."