Blogs

Justice Dept.'s Media Investigation Policy Falls Flat Compared to Other Protections Against Press Intrusion

As has been widely reported, the U.S. Department of Justice has disclosed that it has obtained two months' worth of telephone records from 20 separate phone lines assigned to the journalists and offices of the Associated Press.

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"Newsgathering in Massachusetts" Guide Now Available Online!

The DMLP Joins EFF in an Amicus Brief Addressing DMCA Misrepresentations and Critical Speech

Earlier today the Digital Media Law Project, through our counsel at the Harvard Law School Cyberlaw Clinic, joined a brief filed by the Electronic Frontier Foundation in the United States District Court for the District of Massachusetts case Tuteur v. Crosley-Corcoran.

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Misidentifications Past and Present: Terror, Suspicion & the Media

The DMLP blog has been on an unplanned break for a while as a result of the Boston Marathon bombings and subsequent manhunt. Like many in the Boston-Cambridge-Watertown area, we have had our past two weeks disrupted both with our personal attempts to come to terms with this senseless act of violence and by last Friday's "shelter-in-place" request by law enforcement.

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Digital First Sale: A U.S. District Court Tackles Used MP3 Sales

As many of us clear out our CD collections and move to digital music, more and more used CDs are making their way to garage sales, used music stores, eBay, Goodwill, and more. We don't worry about being sued for copyright infringement, because the first sale doctrine protects this resale. Should the sale of used mp3s be treated any differently? In other words, should the medium matter?

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France Soon to Say "Get Lost" to its Criminal Offense to the President Law

The Legal Committee of France's Chamber of Representatives voted unanimously on March 27 to propose to repeal the offense of insulting the President of the Republic, which is still a crime under article 26 of the French Press law. French Representatives will now vote on April 18 to adopt the proposal to repeal article 26, then will send the proposal to the Senate.

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Creative Lawyering or Copyright "Trolling" - a Copyright Society Event at Suffolk Law

This Thursday I'll be joining Jason Sweet from the Cambridge law firm (and OMLN member firm) Booth Sweet LLP at an event hosted by the New England chapter of the Copyright Society of the USA entitled "Creative Lawyering or Copyright 'Trolling.'" The event will be a discussion of some recent attempts by law firms and rightsholders to use e

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FTC Clarifies Obligations of Product Reviewers, But Does Not Ease Concerns

On March 12, 2013, the Federal Trade Commission released a new guidance paper entitled ".com Disclosures: How to Make Effective Disclosures in Digital Advertising." The new FTC guidance updates a prior FTC release from 2000 relating to disclosures in online advertising.

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Texas Bill Would Allow Publishers to Correct or Retract Content to Avoid Damages

Texas State Representative Todd Hunter, R-Corpus Christi, has proposed a "retraction statute" that, if passed, will protect journalists both online and offline and promote truth and efficiency both in and out of court.

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DMLP UPDATE: The DMLP Asks the Sixth Circuit to Safeguard Crowdsourced Research and Data-based Journalism

The Digital Media Law Project (formerly the Citizen Media Law Project), assisted by Harvard Law School’s Cyberlaw Clinic, has asked the Sixth Circuit to make clear that website operators that aggregate citizen reports and rely on that data to draw conclusions cannot be liable for defamation based on those conclusions.

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Iowa Retains Media/Non-Media Distinction, Leaving Bloggers Vulnerable

I've already written several posts about the overblown predictions that a ruling involving an Oregon blogger (now on appeal) would have dire consequences for bloggers in that state.

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Florida Bill Targets “Mugshot Websites,” Hits Crime Reporting

A new bill proposed by Florida legislator Carl Zimmermann seeks to end “mugshot websites,” a relatively new industry that exploits the marriage of the internet and open records laws in order to make a profit.

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