|
Judge rules for Akaku in first round of
Web site feud
By MELISSA TANJI,
Staff Writer
reprinted courtesy Maui News 12/10/07
WAILUKU – A Maui circuit judge on Thursday granted
a preliminary injunction in favor of Akaku: Maui Community Television, requiring
the Maui Media Lab to remove all references to “Maui Community
Television” from its Web site.
In a complaint being heard in 2nd Circuit
Court, Akaku managers claim that the Maui Media Lab Web site is confusing
the public by using part of Akaku’s name as well as televising
Akaku-produced programs without permission.
Judge
Joel August granted a preliminary injunction requested by Akaku against
Maui Media Lab, which had a Web site, “Pulelehua, Maui Community
Television on SMN.com.”
August
ordered Maui Media Lab to remove any mention of “Maui Community
Television” from its Web site.
He also
said that if Maui Media Lab transmits Akaku-produced programs or programs
made by those using Akaku’s facilities, it must get permission.
Although
a preliminary injunction has been granted, August said it doesn’t mean
that the parties cannot work out the situation on their own.
“Akaku is
very happy,” said Akaku attorney Lance Collins.
Collins
said that Maui Media Lab “was creating tremendous confusion among the
public” by using part of Akaku’s name and its programs on the Maui Media
Lab Web site.
Collins
said he hopes to settle the issue quickly, saying that Akaku had notified
Maui Media Lab about the issue in January.
A
statement from Maui Media Lab Foundation, which runs and operates the Web
site, said it was “disappointed with the court’s preliminary ruling which
could have the effect of limiting access to information that is of
critical importance to the Maui community.”
“We are
evaluating our legal options with respect to the decision the court made
on Tuesday and Thursday.
“Maui
Media Lab Foundation fully anticipates once the court hears all the
evidence and witnesses, the vital role played by the foundation’s
Internet television operation will be vindicated.”
Collins
said Maui Media Lab reinvented its Web site and began to use the phrase
“Maui Community Television” on its site.
Akaku
received calls from producers who complained that their programs produced
at Akaku as well as Akaku-produced programming were being televised on
the Maui Media Lab Web site without permission, Collins said.
Maui
Media Lab attorney Greg Kugle said after the hearing via phone from Oahu that efforts had
already been made on Wednesday to remove the “Maui Community Television”
reference from the Web site.
Maui
Media lab is a nonprofit webcasting enterprise set up by a former
broadcast executive, Sam Epstein, providing training programs as well as
an outlet for Maui-based digital productions.
It
remains online at www.smn.
com and
has been retitled Pulelehua, Maui Net TV in compliance with August’s
ruling.
Akaku
operates the public access cable television channels mandated by state
law of Oceanic Time Warner Cable on Maui, funded by a 3 percent surcharge on cable
customers.
It also
has a Web site providing online broadcasts of its programming at
www.akaku.org.
Under a
contract with Maui County, Akaku also provides live and taped coverage of
County Council meetings and selected sessions of county boards and commissions.
Akaku also provides training in video production as part of its public
access
services.
|
