Blogs

Jenzabar v. Long Bow: Oral Argument Focuses on Initial Interest Confusion and Search Engine Results

This morning Jeff and I had the pleasure of watching the Massachusetts Appeals Court argument in Jenzabar, Inc. v. Long Bow Group, Inc.  As we mentioned once before on this blog, the CMLP filed an amicus brief in this case with the assistance of Harvard Law School's Cyberlaw Clinic.

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The Wasted Effort of Connecticut's Feeble Cop-Recording Bill

Connecticut, like most states these days it seems, has been having a problem with cops interfering with people photographing or filming them. Members of the Connecticut legislature are concerned about citizens being harassed for filming cops, and are working on passing a bill, No.

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Viacom v. YouTube: The Second Circuit Punts on 'Right and Ability to Control'

I'm not all that worried about YouTube's legal fate as such (I'm pretty sure Google can afford plenty of lawyers), but when the Second Circuit speaks on the DMCA, I listen.

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Is It a Prior Restraint for Police to Delete Video of Their Conduct?

A pedicab driver was arrested in D.C. recently for pretending to record police arresting one of his passengers. He wasn’t actually filming anything – apparently he wasn’t even sure how to operate his new camera.

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Privacy v. Public Access in the Emerald City

For the past few years here in Seattle, a fascinating debate has been brewing about the balance between government transparency and citizens' privacy, particularly at the intersection of the state Public Records Act and the state Privacy Act.

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Judge Explains His Decision on Blogger to the Chicken Littles

Federal Judge Marco A. Hernandez got a lot of attention and cyberchatter late last year when he held that blogger Crystal Cox was not protected by Oregon's reporters' shield law, leading to a $2.5 million defamation verdict against her. See Obsidian Finance Group, LLC v. Cox, No. CV-11-57-H (D. Or. Nov. 30, 2011).

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Are Retweets Endorsements?: Disclaimers and Social Media

“RTs do not = endorsements.”

We’ve all seen it on Twitter bios, usually bios belonging to members of the media.

These kinds of disclaimers, disassociating the tweets from the people who retweet them, are common. The Twitter bio belonging to Brian Stelter of the New York Times (@brianstelter) notes, “RT & links aren’t endorsements.”

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Anti-SLAPP Analysis as Mind-Reading Exercise in Illinois

What IL Courts will need to decide SLAPP casesSo this case slipped by me when it first came down in January, but it raises my ire enough to come back to a bit late. It's Sandholm v. Kuecker, the Illinois Supreme Court's attempt to make sense of the state's anti-SLAPP statute, and it's an impressively terrible piece of work.

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Will the Fifth Time be the Charm for Britain's IP Policy Reviews?

The All-Party Intellectual Property Group (APIP) in the United Kingdom recently announced that it is taking on an arduous task: “conduct[ing] an inquiry into the role of government in protecting and promoting intellectual property.”

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Righthaven is no more! It has ceased to be! It's expired and gone to meet its maker!

If there is a polar opposite to organizations like ours, it is the intellectual property troll.  And in the IP troll heirarchy, one of the trolliest has long been Righthaven, the self-described "pre-eminent copyright enforcer" that sued hundreds of bloggers and other Internet denizens apparently as part of its business model.  If the DMLP, the EFF, Public Citizen, and the like are the Justice League, Righthaven would be in the Secret Society of Supervillians.

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CMLP ANNOUNCEMENT: Mass. SJC Rejects Prior Restraints and Supports Right to Stream and Archive Court Proceedings Online

The following is cross-posted with permission from our good friends at the Cyberlaw Clinic at Harvard Law School. The original post can be found here

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Ron Paul Campaign Gets a Lesson on Civil Liberties

Ron Paul's presidential campaign has been having a rough go of it: He has yet to win a Republican state primary or caucus.  But now his campaign's also-ran streak extends into the courtroom too, in a victory for the right to anonymous free speech.

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No, Sandra Fluke Does NOT Have a Valid Defamation Claim Against Rush Limbaugh

A Note from the Staff of the CMLP: This post contains a candid discussion of First Amendment issues, including the use of terms that some readers might find offensive. We do not censor such terms in a blog contributor's post when relevant to the topic discussed, because we believe that an analysis of the constitutional right to use certain language requires the freedom to discuss that language plainly and openly.

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